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SAVERS FEDERAL SAV. & LOAN ASS'N v. AMBERLEY HUNTSVILLE, LTD.

Nos. 90-7307, 90-7308.

934 F.2d 1201 (1991)

SAVERS FEDERAL SAVINGS & LOAN ASSOCIATION, Plaintiff, Resolution Trust Corporation, as Conservator for Savers Savings Association, Plaintiff-Appellee, R.F.S. Management Company of Alabama, Inc., Receiver, Aircoa Hospitality Services, Inc., Intervenor, v. AMBERLEY HUNTSVILLE, LTD., Amberley Decatur Joint Venture, Amberley Associates, Warner E. Stone, Defendants-Appellants, Joe R. Faulk, G.N. Olson, Donald E. Redford, Defendants. SAVERS FEDERAL SAVINGS & LOAN ASSOCIATION, Plaintiff, Resolution Trust Corporation, as Conservator for Savers Savings Association, Plaintiff-Appellee, RFS Management Company of Alabama, Inc., Receiver, v. AMBERLEY DECATUR, LTD., Amberley Decatur Joint Venture, Amberley Associates, Warner E. Stone, Defendants-Appellants, Joe R. Faulk, Jr., Gerald Nels Olson, Donald E. Redford, Defendants.

United States Court of Appeals, Eleventh Circuit.

June 28, 1991.

Attorney(s) appearing for the Case

William L. Chenault, III, Chenault, Hammond and Hall, Decatur, Ala., for defendants-appellants.

James T. Baxter, III, Berry, Ables, Tatum, Little & Baxter, P.C., Huntsville, Ala., for plaintiff-appellee.

Antony S. Burt, Nancy T. Beggs, Katherine T. Millett, Hopkins & Sutter, Chicago, Ill., J. Scott Watson, F.D.I.C., Appellate Litigation, Washington, D.C., for Resolution Trust Corp. and Savers Federal.

Before ANDERSON and CLARK, Circuit Judges, and TUTTLE, Senior Circuit Judge.

ANDERSON, Circuit Judge:

This is an appeal of two related cases1 in which the district court granted summary judgment in favor of the Resolution Trust Corporation ("RTC"), which is acting as conservator for Savers Savings Association ("Savers"), and against appellants Amberley Huntsville Joint Venture ("Joint Venture"), Amberley Huntsville, Ltd. ("Limited"), Amberley Associates ("Associates"), and Warner E. Stone ("Stone"). Appellants...

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