CIRCLE INDUSTRIES v. CITY FEDERAL SAV. BANK

No. 1336, Docket 90-9029.

931 F.2d 7 (1991)

CIRCLE INDUSTRIES, DIVISION OF NASTASI-WHITE, INC., Plaintiff-Appellant, v. CITY FEDERAL SAVINGS BANK, Crestmont Savings and Loan Association, Elysian Federal Bank, Colonial Savings Bank, National Westminster Bank NJ, First Jersey Savings and Loan Association, Statewide Savings Bank, Alexander Hamilton Savings and Loan Association, Interboro Savings and Loan Association, Nutley Savings and Loan Association, Lakeview Savings and Loan Association, Pulawski Savings and Loan Association, West Essex Savings Bank, Columbia Savings and Loan Association, and First Nationwide Federal Savings Bank, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 25, 1991.


Attorney(s) appearing for the Case

Shaw, Licitra, Esernio & Schwartz, Garden City, N.Y. (Edward P. Frey, Joel L. Carr, Garden City, N.Y., of counsel), for plaintiff-appellant Circle Industries.

Sills Cummis Zuckerman Radin Tischman Epstein & Gross, New York City, for Resolution Trust Corp. as Receiver of defendant-appellee City Federal Sav. Bank.

Cassidy, Foss & San Filippo, Red Bank, N.J., for Resolution Trust Company as Receiver of defendants-appellees Colonial Sav. Bank, Elysian Federal Bank, First Jersey Savings and Loan Association, and Alexander Hamilton Savings and Loan Association (Theodore L. Abeles, New York City, Paul G. Kostro, Red Bank, N.J., Richard T. Aboussie, Asst. Gen. Counsel, Thomas L. Hindes, Sr. Counsel, Michael P. Condon, Counsel, Resolution Trust Corp., Washington, D.C., Ann S. DuRoss, Asst. Gen. Counsel, Colleen Bombardier, Sr. Counsel, Christopher J. Bellotto, Counsel, Federal Deposit Ins. Corp., Washington, D.C., of counsel).

Clapp & Eisenberg, Newark, N.J. (Jeffrey W. Lorell, Newark, N.J., of counsel), filed a letter on behalf of defendants-appellees First Jersey Sav. and Loan Ass'n, Statewide Sav. Bank, Alexander Hamilton Sav. and Loan Ass'n, Nutley Sav. and Loan Ass'n, Lakeview Sav. and Loan Ass'n, Pulawski Sav. and Loan Ass'n, West Essex Sav. Bank and First Nationwide Federal Sav. Bank, joining parts of brief of Resolution Trust Corp.

Schumann, Hanlon, O'Connor & McCrossin, Jersey City, N.J. (William D. Joachim, Jersey City, N.J., of counsel), filed a letter on behalf of defendant-appellee Columbia Sav. and Loan Ass'n, joining brief of Resolution Trust Corp.

Before OAKES, Chief Judge, and KEARSE and McLAUGHLIN, Circuit Judges.


PER CURIAM:

Plaintiff Circle Industries ("Circle") appeals from a final judgment of the United States District Court for the Eastern District of New York, Arthur D. Spatt, Judge, dismissing its complaint seeking damages from defendant finanial institutions in connection with the financing of a real estate development project for which defendant City Federal Savings Bank ("City Federal") was lead lender. Noting that the Resolution Trust Corporation ("RTC"), a federal...

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