Legal Opinion

Pennsylvania v. Federal Deposit Insurance

District Court, E.D. Pennsylvania

Decided March 28, 1995No. Civ. A. No. 94-2677PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM

O’NEILL, District Judge.

I. Introduction

Currently before the Court is defendant’s Motion to Dismiss pursuant to Fed.R.Civ.P. Rule 12(b) on the grounds that the Federal Deposit Insurance Corporation (FDIC) as receiver had no obligation to honor plaintiffs letter of credit. Plaintiff responds that its letter of credit constitutes an insured deposit which the FDIC as insurer must honor. The FDIC asserted in its reply and at oral argument that this Court must nonetheless dismiss the complaint because: (1) plaintiff has failed to exhaust its administrative remedies; (2) this Court lacks…

2Cases cited20 opinions

  1. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  2. Patsy v. Board of Regents of Fla.Supreme Court of the United States · 1982
  3. Mortensen v. First Federal Savings & Loan Ass'nCourt of Appeals for the Third Circuit · 1977
  4. Kehr Packages, Inc. v. Fidelcor, Inc.Court of Appeals for the Third Circuit · 1991
  5. Pension Benefit Guaranty Corporation v. LTV Corp.Supreme Court of the United States · 1990

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3Cited by1 opinion

  1. Com. v. FDICDistrict Court, E.D. Pennsylvania · 1995

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