IN RE UNITED CONST. AND DEVELOPMENT CO.

Bankruptcy Nos. 85C-03657, 85C-03656, Adv. No. 90PC-0744.

135 B.R. 904 (1992)

In re UNITED CONSTRUCTION AND DEVELOPMENT COMPANY, Debtor. In re BRIAN HEAD HOTEL CORPORATION, Debtor. FIRST AMERICAN SAVINGS BANK, FSB, Greensboro, North Carolina, and FDIC, as Receiver for American Federal Savings & Loan Association, Anderson, Indiana, Trustees, Plaintiffs, v. IRON COUNTY, a political subdivision of the State of Utah, Dee G. Cowan, Gene E. Roundy, and James C. Robinson, in their official capacity as the Iron County Board of County Commissioners, Dennis Ayers, in his official capacity as the Iron County Assessor, and Merna Mitchell in her official capacity as Iron County Treasurer, Defendants.

United States Bankruptcy Court, D. Utah.

January 7, 1992.


Attorney(s) appearing for the Case

Mark O. Morris, Brent D. Wride, Ray, Quinney & Nebeker, Salt Lake City, Utah, for plaintiffs.

Kent L. Christiansen, Mueller & Christiansen, Salt Lake City, Utah, for defendants.

Mary Ellen Sloan, Deputy County Atty., Salt Lake City, Utah, amicus curiae.

Kenneth A. Rushton, Lehi, Utah.


MEMORANDUM OPINION AND ORDER

GLEN E. CLARK, Chief Judge.

This matter is presently before the court on a Motion for Summary Judgment filed by the plaintiffs, First American Savings Bank, F.S.B., Greensboro, North Carolina, and the F.D.I.C., as Receiver for American Federal Savings & Loan Association, Anderson, Indiana, Trustees (hereafter collectively referred to as the "Financial Institutions"). A hearing was...

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