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RESOLUTION TRUST CORP. v. WESTGATE PARTNERS, LTD.

No. 90-1033.

937 F.2d 526 (1991)

RESOLUTION TRUST CORPORATION, as Conservator for American Savings & Loan Association of Colorado; Resolution Trust Corporation, as Receiver for American Federal Savings and Loan Association of Colorado, successors in interest to the Federal Savings and Loan Insurance Corporation, Plaintiffs-Appellants, v. WESTGATE PARTNERS, LTD., a Colorado limited partnership, and Westgate Corporation, a Colorado corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 27, 1991.

Attorney(s) appearing for the Case

Ann S. Duross, Asst. General Counsel, Joan E. Smiley, Sr. Counsel, and Daniel H. Kurtenbach, Sr. Atty., Federal Deposit Ins. Corp., Washington, D.C., for plaintiffs-appellants.

George V. Chesteen and James A. Halpin of Chesteen & Halpin, Littleton, Colo., for defendants-appellees.

Before TACHA, and EBEL, Circuit Judges, and VAN BEBBER, District Judge.

EBEL, Circuit Judge.

The issue we decide is whether the Resolution Trust Corporation ("RTC"), acting as receiver for a failed savings institution in a case in which it replaced the Federal Savings and Loan Insurance Corporation ("FSLIC") as the plaintiff, properly removed the case to the federal district court in the district where the institution's principal place of business was located ("local federal district court"). The district court held that under the applicable...

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