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COLONY CREEK, LTD. v. RESOLUTION TRUST CORP.

No. 90-2871.

941 F.2d 1323 (1991)

COLONY CREEK, LTD., Plaintiff-Counter Defendant-Appellant, v. RESOLUTION TRUST CORP., As Successor to University Savings Association and William A. Paddock, Etc., Defendants-Counter Plaintiffs-Appellees, v. AFFILIATED CAPITAL CORP., and Billy B. Goldberg, Counter Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 17, 1991.

Attorney(s) appearing for the Case

Joseph A. Kornfeld, Houston, Tex., for plaintiff-counter-defendant-appellant.

David S. Elder, Claude R. Treece, Sewelle & Riggs, Houston, Tex., for defendants-counter-plaintiffs-appellees.

Before JOLLY and DUHE, Circuit Judges, and WALTER, District Judge.

DUHÉ, Circuit Judge.

Appellee, the Resolution Trust Corporation (RTC) as receiver for University Federal Savings Association, sued appellants, Colony Creek, Ltd. and Billy Goldberg, to enforce a $16,000,000 promissory note. The district court granted summary judgment in favor of the RTC, and appellants now seek review of that decision. We affirm.

I.

In 1984, appellant Colony Creek, Ltd., executed a promissory note payable to University Savings...

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