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11-036 - Federal Deposit Insurance Corporation v. Aviano et al


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11-036 - Federal Deposit Insurance Corporation v. Aviano et al
May 3, 2016
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of Jurisdiction ; granting in part and denying in part 85 Motion to Dismiss for Failure to State a Claim ; granting 101 Motion to Dismiss for Failure to State a Claim. The dismissal of Kirtlands claims against the FDIC and Situs is without prejudice. Signed by Judge Clark Waddoups on 5/3/16. (jmr) Modified on 6/9/2016 to clarify ruling on motion 84(jmr).MEMORANDUM DECISION and Order-granting in part and denying in part84 Motion for Summary Judgment ; granting in part and denying in part 85 Motion to Dismiss ; granting in part and denying in part 85 Motion to Dismiss for Lack