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FEDERAL DEPOSIT INS. CORP. v. MORLEY

No. 90-5187.

915 F.2d 1517 (1990)

FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff-Appellee, v. Nicholas H. MORLEY; Interterra, Inc., a Delaware Corporation; Regina Interiors, Incorporated, a Florida Corporation; and City National Bank of Miami, a national bank, as Trustee of a land trust known on the Trustee's records as Trust No. 5003138. Defendants-Appellants Third Party Plaintiffs, Continental Illinois National Bank and Trust Co. of Chicago a National Banking Association, Third Party Defendant.

United States Court of Appeals, Eleventh Circuit.

October 30, 1990.

Attorney(s) appearing for the Case

James Joseph Breen, Alfred Aronovitz, Atlee W. Wampler, III, Kendall Coffey, Coffey, Aragon, Martin, Burlington & Serota, P.A., Miami, Fla., for defendants-appellants third party plaintiffs.

Stuart J. McGregor, Miami, Fla., Lise T. Spacapan, Kirkland & Ellis, Chicago, Ill., for plaintiff-appellee.

Before CLARK, Circuit Judge, MORGAN and HILL, Senior Circuit Judges.

HILL, Senior Circuit Judge:

This appeal concerns the district court's award of a deficiency judgment resulting from the default on a $37 million construction loan. Appellants, the mortgagor and guarantors of the loan, as well as a trustee, challenge the district court's refusal to permit live testimony on disputed facts relevant to the amount of the deficiency. Appellants also raise several other issues. We affirm.

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