RESOLUTION TRUST CORPORATION, as Conservator for Security Federal Savings and Loan Association, F.A., Plaintiff,
First Southwest Financial Services, Inc., Clarence E. Ashcraft, Allen L. White, Plaintiffs-Appellees/Cross-Appellants,
v.
FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION, Federal Savings and Loan Insurance Corporation Resolution Fund, Defendants/Cross-Appellees,
Federal Deposit Insurance Corporation, Federal Home Loan Bank Board, Director, Office of Thrift Supervision, in his own official capacity and as successor in interest to Federal Home Loan Bank Board, Defendants-Appellants/Cross-Appellees.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
June 13, 1994.
June 13, 1994.
Attorney(s) appearing for the Case
Scott R. McIntosh, Attorney, Appellate Staff, Civ. Div., Dept. of Justice, Washington, DC, Teresa Scott, Attorney, Office of Thrift Supervision, Washington, DC (Carolyn B. Lieberman, Acting Chief Counsel, Thomas J. Segal, Deputy Chief Counsel, Aaron B. Kahn, Asst. Chief Counsel, Office of Thrift Supervision, Washington, DC, Stuart Schiffer, Acting Asst. Atty. Gen., Washington, DC, Don J. Svet, U.S. Atty., Albuquerque, NM, and Douglas N. Letter, Appellate Litigation Counsel, Dept. of Justice, Washington, DC, with them on the brief) for defendants-appellants and cross-appellees.
Paul M. Fish (Allen C. Dewey, Jr. and Lisa Mann Burke with him on the brief), Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, NM, for plaintiffs-appellees and cross-appellants.
Before MOORE and KELLY, Circuit Judges, and VAN BEBBER, District Judge.
United States Court of Appeals, Tenth Circuit.
PAUL KELLY, Jr., Circuit Judge.
The Federal Deposit Insurance Corporation (FDIC) and the Office of Thrift Supervision (OTS)1 appeal summary judgment in favor of First Southwest Financial Services, Inc. and other investors in Security Federal Savings and Loan Association (Security Federal) on their breach of contract claim. Because the Agencies breached their agreement to treat supervisory goodwill...
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