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IN RE VINEYARD NATIONAL BANCORP

Case No. 2:10-BK-21661RN, Adv. No. 2:10-AP-01815RN.

In re: VINEYARD NATIONAL BANCORP, Chapter 11, Debtor. BRADLEY SHARP, AS LIQUIDATING TRUSTEE OF THE LIQUIDATING TRUST OF VINEYARD NATIONAL BANCORP, Plaintiff and Counter-Defendant, v. FEDERAL DEPOSIT INSURANCE CORPORATION, in its capacity as receiver for Vineyard Bank, National Association, Defendant and Counter-Plaintiff.

United States Bankruptcy Court, C.D. California, Los Angeles Division.

May 3, 2013.

MEMORANDUM OF DECISION RE: (1) MOTION OF THE FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER FOR VINEYARD BANK, N.A., TO DISMISS COUNT IV OF THE ADVERSARY COMPLAINT; AND (2) PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO (I) CAPITAL MAINTENANCE CLAIM ASSERTED BY FDIC-R; AND (II) OWNERSHIP OF TAX REFUNDS

RICHARD M. NEITER, Bankruptcy Judge.

INTRODUCTION

Before the Court are two motions that were filed in connection with the above referenced...

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