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RESOLUTION TRUST CORP. v. JUERGENS

No. 91-2451.

965 F.2d 149 (1992)

RESOLUTION TRUST CORPORATION, as Receiver of Community Savings & Loan Association, Plaintiff-Appellee, v. Peter JUERGENS, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 21, 1992.

Attorney(s) appearing for the Case

Patricia M. Gibeault (argued), Catherine J. Furay, Axley & Brynelson, Madison, Wis., for plaintiff-appellee.

Patrick R. Burns, Machulak & Hutchinson, Brookfield, Wis. (argued), for defendant-appellant.

Before FLAUM and MANION, Circuit Judges, and SHADUR, District Judge.

SHADUR, District Judge.

This lawsuit is yet another product of what is unfortunately one of our country's major growth industries: a proceeding by Resolution Trust Corporation ("RTC") to enforce an obligation due to a now-defunct savings and loan association for which RTC is receiver. As always, RTC seeks to call to its aid the special status accorded to it by judicial doctrine (the principle originally announced in D'Oench, Duhme & Co. v. FDIC,

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