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RESOLUTION TRUST CORP. v. BINFORD

No. 19731.

844 P.2d 810 (1992)

114 N.M. 560

RESOLUTION TRUST CORPORATION, Receiver for Amevican Federal Savings and Loan Association, Plaintiff-Appellee, v. John C. BINFORD, Julie G. Binford, Joe F. Fritz, Darilyn W. Fritz and Cross-roads West Limited Partnership, a New Mexico limited partnership, Defendants-Appellants.

Supreme Court of New Mexico.

December 17, 1992.

Attorney(s) appearing for the Case

Victor R. Marshall & Associates, P.C., Victor R. Marshall, Joel K. Jacobsen and Sager, Curran, Sturges & Tepper, Deborah Rupp Goncalves and Matt Holt, Albuquerque, for appellants.

Michael H. Krimminger, Washington, D.C. for appellee.

OPINION

RANSOM, Chief Justice.

The trial court dismissed counterclaims to a collection and foreclosure action brought by Resolution Trust Corporation (RTC), and we granted this interlocutory appeal under SCRA 1986, 12-203. The court certified two issues for appeal: (1) whether it was proper to dismiss the counterclaims because federal courts have exclusive subject-matter jurisdiction over claims against RTC as receiver, and (2) whether, in connection with...

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