Fifth Third Bank of Western Ohio v. United States

OPINION

MILLER, Judge.

Seven years after the filing of the complaint in this Winstar case, defendant, for the first time, contends that plaintiff lacks standing, and is not the real party in interest or the proper party to bring this litigation. Plaintiff has cross-moved for partial summary judgment on these three issues. Argument is deemed unnecessary.

FACTS

The facts relating to this motion are discussed in this court’s previous opinion on Plaintiffs “Short-Form” Motion for Partial Summary Judgment on Liability and Defendant’s Motion for Summary Judgment, see Fifth Third Bank of Western Ohio v.…