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FEDERAL SAV. & LOAN INS. v. GEMINI MANAGEMENT

No. 89-15662.

921 F.2d 241 (1990)

FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION, as Receiver for Centennial Savings and Loan Association, a corporation, Plaintiff-Appellee, v. GEMINI MANAGEMENT; Robert W. O'Neel, aka R.W. O'Neel; Ellen W. O'Neel, aka Ellen O'Neel, aka Mrs. Robert W. O'Neel, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided December 21, 1990.

Attorney(s) appearing for the Case

Andrew A. August, Bayer & August, San Francisco, Cal., for defendants-appellants.

Joseph N. Demko and Robert B. Kaplan, Frandzel & Share, San Francisco, Cal., for plaintiff-appellee.

Before BROWNING, PREGERSON and TROTT, Circuit Judges.

TROTT, Circuit Judge:

The Federal Savings and Loan Insurance Corporation (the "FSLIC") was appointed receiver for Centennial Savings and Loan Association ("Centennial"), and filed suit against Gemini Management Corporation ("Gemini"), Robert W. O'Neel, and Ellen W. O'Neel1 on a promissory note and a personal guaranty agreement. Gemini asserted counterclaims and affirmative defenses based on a prior loan commitment letter. The district...

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