U.S. Bancorp, Successor In Interest to West One Bancorp and Subsidiaries, formerly known as Moore Financial Group, Inc. - Page 25

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          the CD’s and time deposits held by IFNB can be decided.                     
          Accordingly, we hold that the portions of both parties' motions             
          relating to the time deposits and CD's cannot be decided as a               
          matter of law and are therefore not ripe for summary judgment.              
          See Rule 121.                                                               
               To reflect the foregoing,                                              

                                             An order will be issued                  
          granting in part and denying                                                
          in part petitioner's motion                                                 
          for partial summary judgment,                                               
          as supplemented, and denying                                                
                                        respondent's cross-motion for                 
          partial summary judgment.                                                   

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