First Federal Savings Bank v. United States

OPINION and ORDER1

FUTEY, Judge.

This Winstar-related case is before the court on the parties’ cross-motions for summary judgment on contractual liability, plaintiffs motion to dismiss defendant’s counterclaims and affirmative defenses, and defendant’s cross-motion for summary judgment as to its counterclaims and affirmative defenses. Defendant’s counterclaims are based on the special plea in fraud statute and rescission.

With respect to contractual liability, plaintiff maintains that agreements it made with defendant during plaintiffs acquisition of a failing thrift created a contract that…