Federal Deposit Ins. Corp. v. Fagan

ORDER

BLATT, District Judge.

This matter comes before the court on motions of the defendant, Fagan, for summary judgment, pursuant to Rule 56 of the Federal Rules of Civil Procedure, one motion being made in her capacity as Executrix of the Estate of Wylie H. Fagan, and the other being made in her capacity as sole distributee of the Estate of Wylie H. Fagan. Both motions raise essentially the same questions and can be disposed of together. Oral arguments were heard on August 16, 1977, and March 17, 1978, and memoranda of law have been submitted.

Plaintiff is the owner and holder of a certain…