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JACKSON v. AMERICAN SAV. MORTG. CORP.

No. 89-7529.

924 F.2d 195 (1991)

Violet JACKSON, Plaintiff-Appellant, v. AMERICAN SAVINGS MORTGAGE CORPORATION and The Resolution Trust Corporation, successor to the Federal Savings and Loan Insurance Corporation, as conservator of American Savings and Loan Association of Brazoria County, by the Federal Deposit Insurance Corporation, as Manager for the Conservator, Defendants-Appellees. E.F. Hutton Mortgage Corporation, Defendant.

United States Court of Appeals, Eleventh Circuit.

February 19, 1991.

Attorney(s) appearing for the Case

Myron K. Allenstein, Allenstein & Hart, Gadsden, Ala., for plaintiff-appellant.

Richard J. Osterman, Jr., Federal Deposit Ins. Corp. Washington, D.C., for Resolution Trust Corp.

Thomas H. Brown, Thomas H. Brown, P.C., Birmingham, Ala., for American Sav. Mortg. Corp. and Resolution Trust Corp.

Before HATCHETT, Circuit Judge, HILL and FAIRCHILD, Senior Circuit Judges.

HILL, Senior Circuit Judge:

This appeal comes to us in a peculiar procedural posture. Appellant debtor asks us to review an Alabama state trial court's grant of summary judgment holding that one appellee is a holder in due course of a note and therefore protected from a claim of unconscionability by the debtor. The summary judgment was granted by the Alabama state trial court before the case was removed to federal court. Insofar as the record discloses, no federal...

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