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MAINLAND SAV. ASS'N v. RIVERFRONT ASSOCIATES, LTD.

No. 87-2544.

872 F.2d 955 (1989)

MAINLAND SAVINGS ASSOCIATION, a Texas Corporation, Plaintiff-Appellee, and Federal Savings & Loan Insurance Corporation, Intervenor-Appellee, v. RIVERFRONT ASSOCIATES, LTD., an Oklahoma limited partnership, GAF Structures Incorporated, a corporation, David B. Talbot Jr., and David S. Owen, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

April 20, 1989.

Attorney(s) appearing for the Case

Jo Ann Abramson, Office of Gen. Counsel, Federal Home Loan Bank Bd., Washington, D.C. (Grey W. Satterfield of Kornfield, Franklin & Phillips, Oklahoma City, Okl., Jordan Luke, Gen. Counsel, David G. Eisenstein, Office of Gen. Counsel, Federal Home Loan Bank Bd., of counsel, on the brief), for plaintiff-appellee and intervenor-appellee.

Richard D. Hampton (James C. Hanna with him, on the brief), Oklahoma City, Okl., for defendants-appellants.

Before BALDOCK, BRORBY and EBEL, Circuit Judges.

PER CURIAM.

Intervenor-appellee, Federal Savings & Loan Insurance Corporation (FSLIC), as receiver of Mainland Savings Association (Mainland), assumed this action seeking judgment on a promissory note for $1,700,000 executed by defendants-appellants, Riverfront Associates (Riverfront) and its guarantors. Riverfront claimed a setoff based on Mainland's intentional fraud, gross negligence, reckless conduct, breach of an...

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