Legal Opinion

701 NPB ASSOCIATES v. Federal Deposit Ins. Corp.

District Court, S.D. Florida

Decided December 2, 1991No. 91-8181-CIVPublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM ORDER DENYING MOTION TO DISMISS

NESBITT, District Judge.

THIS CAUSE comes before the Court upon the defendant’s motion to dismiss filed pursuant to Rules 12(b)(6) and 21 of the Federal Rules of Civil Procedure. As a result of a lease dispute, the lessor, 701 NPB Associates (“701 NPB”), filed this action against the lessee’s liquidator, the Federal Deposit Insurance Corporation (“FDIC”). The suit concerns whether the FDIC repudiated the lease “within a reasonable period” pursuant to the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (“FIRREA”), Pub.L. No. 101-73,…

2Cases cited9 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Scheuer v. RhodesSupreme Court of the United States · 1974
  3. Bank v. PittCourt of Appeals for the Eleventh Circuit · 1991
  4. Craig v. CarsonDistrict Court, M.D. Florida · 1978
  5. Argonaut Savings & Loan Association, Etc. v. Federal Deposit Insurance Corp.Court of Appeals for the Ninth Circuit · 1968

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3Cited by8 opinions

  1. Resolution Trust Corporation, as Receiver for Midwest Savings Association, F.A. v. Cedarminn Building Limited Partnership, a Minnesota Limited Partnership Cedar Minn Realty Corp., Its General Partner Minncedar Land Limited Partnership Midunited Building Company Limited Partnership, a Minnesota Limited Partnership Midrock Land Corp., Its General Partner Rockminn Leasing Corp., Cedarminn Building Limited Partnership, a Minnesota Limited Partnership Chemical Bank Norstar Bank Federal Home Loan Bank of Des Moines, Cedarminn Building Limited Partnership, a Minnesota Limited Partnership Minncedar Land Limited, a Minnesota Limited Partnership Midunited Building Limited Partnership, a Minnesota Limited Partnership Rockminn Leasing Corp., a Minnesota Corporation v. Resolution Trust Corporation, a Government Corporation, and in Its Capacity as Receiver of Midwest Federal Savings and Loan Association of Minneapolis and as Conservator and Receiver for Midwest Savings Association, F.A., Midwest Federal Savings and Loan Association of Minneapolis, in Receivership Midwest Savings Association, F.A., in Receivership and Conservatorship. Resolution Trust Corporation, as Receiver for Midwest Savings Association, F.A. v. Cedarminn Building Limited Partnership, a Minnesota Limited Partnership Cedar Minn Realty Corp., Its General Partner Minncedar Land Limited Midunited Building Company Limited Partnership, a Minnesota Limited Partnership Midrock Land Corp., Its General Partner Rockminn Leasing Corp. Cedarminn Building Limited Partnership, a Minnesota Limited Partnership, Chemical Bank Norstar Bank Federal Home Loan Bank of Des Moines, Cedarminn Building Limited Partnership, a Minnesota Limited Partnership Minncedar Land Limited, a Minnesota Limited Partnership Midunited Building Limited Partnership, a Minnesota Limited Partnership Rockminn Leasing Corp., a Minnesota Corporation v. Resolution Trust Corporation, a Government Corporation, and in Its Capacity as Receiver of Midwest Federal Savings and Loan Association of Minneapolis and as Conservator and Receiver for Midwest Savings Association, F.A. Midwest Federal Savings and Loan Association of Minneapolis, in Receivership Midwest Savings Association, F.A., in Receivership and Conservatorship, Resolution Trust Corporation, as Receiver for Midwest Savings Association, F.A. v. Cedarminn Building Limited Partnership, a Minnesota Limited Partnership Cedar Minn Realty Corp., Its General Partner Minncedar Land Limited Midunited Building Company Limited Partnership, a Minnesota Limited Partnership Midrock Land Corp., Its General Partner Rockminn Leasing Corp., Cedarminn Building Limited Partnership, a Minnesota Limited Partnership, Chemical Bank Norstar Bank Federal Home Loan Bank of Des Moines, (Two Cases) Cedarminn Building Limited Partnership, a Minnesota Limited Partnership Minncedar Land Limited, a Minnesota Limited Partnership Midunited Building Limited Partnership, a Minnesota Limited Partnership Rockminn Leasing Corp., a Minnesota Corporation v. Resolution Trust Corporation, a Government Corporation, and in Its Capacity as Receiver of Midwest Federal Savings and Loan Association of Minneapolis and as Conservator and Receiver for Midwest Savings Association, F.A. Midwest Federal Savings and Loan Association of Minneapolis, in Receivership Midwest Savings Association, F.A., in Receivership and Conservatorship, Cedarminn Building Limited Partnership, a Minnesota Limited Partnership Minncedar Land Limited, a Minnesota Limited Partnership Midunited Building Limited Partnership, a Minnesota Limited Partnership Rockminn Leasing Corp., a Minnesota Corporation v. Resolution Trust Corporation, a Government Corporation, and in Its Capacity as Receiver of Midwest Federal Savings and Loan Association of Minneapolis and as Conservator and Receiver for Midwest Savings Association, F.A.Court of Appeals for the Eighth Circuit · 1992
  2. Cardente v. Fleet Bank of Maine, Inc.District Court, D. Maine · 1992
  3. Office & Professional Employees Int'l Union, Local 2 v. Federal Deposit InsuranceDistrict Court, District of Columbia · 1993
  4. Point Ruston, LLC v. Pacific Northwest Regional Council of the United Brotherhood of Carpenters & JoinersDistrict Court, W.D. Washington · 2009
  5. RTC Mortgage Trust 1994-S3 Ex Rel. Trotter Kent, Inc. v. PlazaDistrict Court, D. New Mexico · 1996

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