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RESOLUTION TRUST v. SOUTHWEST DEVELOPMENT

No. 91-325-CIV-5-BR.

807 F.Supp. 375 (1992)

RESOLUTION TRUST CORPORATION, as Receiver of First Federal Savings Association of Raleigh, Plaintiff, v. SOUTHWEST DEVELOPMENT COMPANY, et al., Defendants.

United States District Court, E.D. North Carolina, Raleigh Division.

November 5, 1992.

Attorney(s) appearing for the Case

Mark C. Kirby, Raleigh, NC and M. LeAnn Nease, Brown & Bunch, Durham, NC, for plaintiff.

James M. Kimzey, McMillan, Kimzey & Smith, Raleigh, NC, Gordon C. Woodruff, Smithfield, NC, for defendants.

ORDER

BRITT, District Judge.

This matter is before the court on plaintiff's motion for partial summary judgment against the individual guarantor defendants pursuant to Rule 56 of the Federal Rules of Civil Procedure, and on defendants' motion for leave of court to amend their answer pursuant to Rule 15(a) of the Federal Rules of Civil Procedure. The motions have been fully briefed and are now ripe for ruling.

FACTS

Plaintiff, as conservator...

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