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FDIC v. WELLS PLAZA LTD. PARTNERSHIP

No. 90CA1993.

826 P.2d 427 (1992)

FEDERAL DEPOSIT INSURANCE CORPORATION as receiver for Silverado Banking, Savings and Loan Association, a Colorado savings and loan association, Plaintiff-Appellant, v. WELLS PLAZA LIMITED PARTNERSHIP, an Arkansas limited partnership, and Sterling Group Co., a Colorado general partnership, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

January 16, 1992.

Attorney(s) appearing for the Case

Kutak, Rock & Campbell, John H. Bernstein, Tana K. Simard, Denver, for plaintiff-appellant.

Daniel T. Moyle, Jr., P.C., Daniel T. Moyle, Wheat Ridge, for defendants-appellees.

Opinion by Judge ROTHENBERG.

Plaintiff, Federal Deposit Insurance Corporation (FDIC) as receiver for Silverado Banking, Savings and Loan Association (Silverado Banking), appeals the trial court's order denying its motion to show cause. We reverse and remand with directions.

In October 1984, Silverado Banking loaned defendant Wells Plaza Limited Partnership $3,360,000 to purchase and finance a shopping center. In return, Wells Plaza executed a non-recourse...

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