Slattery v. United States

OPINION

SMITH, Chief Judge.

This case is currently before the court on the defendant’s motion to dismiss or, in the alternative, for summary judgment. This motion is based on three arguments: (1) that this court has no jurisdiction over plaintiffs’ claims; (2) that plaintiffs do not have the requisite standing to bring their claims; and (3) that even if the FDIC discounted Mentor’s goodwill when making its minimum capital calculations, it was within its contractual rights to do so. On March 17, 1995, the court issued an order stating that based upon the court’s decision in Suess v. United…