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FEDERAL DEPOSIT INS. CORP. v. ANTONIO

No. 87-1057.

843 F.2d 1311 (1988)

FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff-Appellee, v. John ANTONIO; Angelo Carnemolla; Anthony Delvecchio; Faud C. Jezzeny; Dale Leininger; Ricky Micceo, also known as Ricky Peoili; John A. Napoli, Jr.; Jilly Rizzo; Heinrich F. Rupp; Gary F. Thomas; William J. Vanden Eynden; Gilbert Beall; Jilly Enterprises, Inc., a Delaware corporation; Frederic Mascola; Beverly Ann Mosko; Gary A. Mosko; Joseph Mosko; Martin J. Mosko; Stephen Lee Mosko; Barbara Jean Rupp, Defendants, and Aaron Mosko, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 6, 1988.

Attorney(s) appearing for the Case

Christine O'Connor (Bruce D. Pringle, with her on the briefs) of Baker & Hostetler, Denver, Colo., for defendant-appellant.

G. Robert Blakey (Barbara Blumenthal and Gary T. Cornwell, also of McGuire, Cornwell & Blakey, Denver, Colo., and Christopher A. Byrne, Sr. Atty., Federal Deposit Ins. Corp., Washington, D.C., with him on the brief), for plaintiff-appellee.

Before LOGAN, ANDERSON, and BALDOCK, Circuit Judges.

LOGAN, Circuit Judge.

In this appeal, we consider the validity of a preliminary injunction issued by the district court before trial to prevent dissipation of a defendant's assets which may be needed to satisfy a judgment if the suit is successful. This civil action stems from an alleged scheme to defraud the Aurora Bank (Bank), which led to the Bank's failure and its takeover by the Federal Deposit Insurance Corporation (FDIC). The FDIC sued defendant-appellant Aaron...

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