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FEDERAL DEPOSIT INS. CORP. v. PETERSEN

No. 83-2152.

770 F.2d 141 (1985)

FEDERAL DEPOSIT INSURANCE CORPORATION, in its corporate capacity, Plaintiff-Appellant, v. James H. PETERSEN, Henry Heidtbrink, and Jerry R. Dunn, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 6, 1985.

Attorney(s) appearing for the Case

Robert A. Zupkus of White & Steele, P.C., Denver, Colo. (Christopher Lane, Ellen W. Reath and Craig R. Maginness of Sherman & Howard, Denver, Colo., on the briefs), for plaintiff-appellant.

David C. Aspinwall of Burg, Aspinwall & Petrucci, P.C., Denver, Colo., for defendants-appellees.

Before BARRETT, BREITENSTEIN and TIMBERS, Circuit Judges.

BREITENSTEIN, Circuit Judge.

This is an action by plaintiff-appellant, Federal Deposit Insurance Corporation (FDIC), against defendants-appellees Petersen, Heidtbrink, and Dunn to enforce guaranty contracts entered into by defendants. We have jurisdiction under 28 U.S.C. § 1345 and 12 U.S.C. § 1819, Fourth. The district court, 565 F.Supp. 1007, held that the FDIC's claims were barred by the federal statute of limitations...

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