Aero Support Systems, Inc. v. Federal Deposit Insurance Corp.

MEMORANDUM OPINION AND ORDER

WOODWARD, Senior District Judge.

On this date the Court considered the Motion to Dismiss filed by the Federal Deposit Insurance Corporation, as Receiver for First RepublicBank Brownwood, N.A. (FDIC) and NCNB Texas National Bank (NCNB), together with Plaintiff’s responses. Because the Court has considered matters outside the pleadings, as submitted by FDIC and NCNB in their Reply Brief, the Court will treat the Motion to Dismiss as a Motion for Summary Judgment pursuant to Fed.R.Civ.P. 12(b)(6).

Plaintiff originally filed its action in state court against…