Southside Bank v. United States of America, The

Filing 27

JUDGMENT in favor of defendant and against the plaintiff; plaintiff's complaint dismissed. Signed by Honorable P. K. Holmes, III on September 30, 2011. (cnn)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION SOUTHSIDE BANK v. PLAINTIFF Case Nos. 4:08-CV-04125, 4:08-CV-04126 FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for ANB Financial, N.A; and THE UNITED STATES OF AMERICA, ex rel the Federal Deposit Insurance Corporation, in its receiver capacity for ANB Financial, N.A. DEFENDANTS JUDGMENT For the reasons set forth in the Memorandum Opinion and Order, filed contemporaneously herewith, Defendant FDIC-R’s Motion for Summary Judgment (Doc. 29) is GRANTED; Defendant USA’s Motion to Dismiss for Lack of Subject Matter Jurisdiction is likewise GRANTED; and Plaintiff’s Complaint is DISMISSED as to all claims. Specifically, Plaintiff’s claims for breach of contract, constructive trust, and violation of a federal regulation against Defendant FDIC-R are DISMISSED WITH PREJUDICE. Plaintiff’s claims for conversion against both Defendant FDIC-R and Defendant USA are DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. Plaintiff’s Motions for Summary Judgment (Docs. 37 and 47) are both DENIED. Plaintiff’s Motion for a Hearing (Doc. 62) is DENIED AS MOOT. The parties are to bear their own costs and fees. IT IS SO ORDERED AND ADJUDGED this 30th day of September, 2011. /s/P. K. Holmes, III P.K. HOLMES, III UNITED STATES DISTRICT JUDGE

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