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OKLAHOMA RADIO ASSOCIATES v. F.D.I.C.

Nos. 91-6255, 91-6268.

969 F.2d 940 (1992)

OKLAHOMA RADIO ASSOCIATES, an Oklahoma general partnership of J. Patrick Collins and Greg L. Armstrong; J. Patrick Collins, an individual; Greg L. Armstrong, an individual, Plaintiffs-Appellants/Cross-Appellees, v. FEDERAL DEPOSIT INSURANCE CORPORATION, a receiver for Citizens National Bank and Trust Company, Defendant-Appellee/Cross-Appellant, v. MAGNOLIA BROADCASTING COMPANY, INC., Third-Party-Defendant.

United States Court of Appeals, Tenth Circuit.

July 13, 1992.

Attorney(s) appearing for the Case

John C. McMurry, Oklahoma City, Okl., and Gregg R. Maynard, Houston, Tex., for plaintiffs-appellants/cross-appellees.

R. Pope Van Cleef, Jr. of Bush and Underwood, Oklahoma City, Okl., and E. Whitney Drake, Special Counsel, Alfred J.T. Byrne, General Counsel, Ann S. DuRoss, Asst. General Counsel, and Richard J. Osterman, Jr., Sr. Counsel, F.D.I.C., Washington, D.C., for defendant-appellee/cross-appellant.

Before ANDERSON and BALDOCK, Circuit Judges, and CONWAY, District Judge.

STEPHEN H. ANDERSON, Circuit Judge.

In these cross appeals, the parties challenge the district court's determinations underlying the entry of a deficiency judgment in favor of the Federal Deposit Insurance Corporation (FDIC).1 Reviewing the district court's determination de novo, we affirm entry of the deficiency judgment, but for reasons other than those relied upon by the district court. See Griess v. Colorado,

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