Kennedy v. Citizen's Savings Bank, No. Cv 95 010 77 26 (May 24, 1999)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]

MEMORANDUM OF DECISION Motion For Summary Judgment [142]Plaintiffs seek damages for their following bum advice from CT Page 5783 the defendant.

The defendant, Citizen's Savings Bank, has moved for summary judgment based on 12 U.S.C. § 1821 (d)(3). That statute relates to failed banks, Federal Deposit Insurance Corporation takeovers, etc.

The pertinent pleadings here are the Revised Complaint, October 7, 1997 [132] and the June 19, 1998 Corrected Answer and Special Defenses to Revised Complaint Dated October 7, 1997. [141] See also, Motion To Correct, June 19, 1998. [140] The Corrected Answer, etc. contains a Special Defense which refers to12 U.S.C. § 1821 (d)(3).

Neither of these pleadings allege any facts about an insolvent bank, a claim against an insolvent bank, or F.D.I.C. Involvement. The factual predicate for the application of12 U.S.C. § 1821 (d)(3) is not in the pleadings as they now stand.

Under the pleadings as they now stand, the motion for summary judgment must be denied.

Parker, J.

A: \Kennedy. Cit