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RESOLUTION TRUST v. OAKS APTS. JOINT VENTURE

No. 91-1090.

966 F.2d 995 (1992)

RESOLUTION TRUST CORPORATION, as receiver for Meridian Savings Association, Plaintiff-Appellee, Cross-Appellant, v. OAKS APARTMENTS JOINT VENTURE, Eric R. Veigel, L. Glenn Terrell, Robert S. West, Brad L. Wilemon, Mike Gibson, and H. Don Guion, Jr., Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied September 14, 1992.

Attorney(s) appearing for the Case

Martin T. Bode, Robert L.R. Bush, Bush, Bode, Babb & Morrison, Arlington, Tex., for defendants-appellants, cross-appellees.

Robert B. Wellenberger, Thompson, Coe, Cousins & Irons, Dallas, Tex., Jeannette E. Roach, Atty., FDIC, Legal Div., Washington, D.C., for plaintiff-appellee, cross-appellant.

Before POLITZ, Chief Judge, BROWN and SMITH, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 14, 1992.

JOHN R. BROWN, Circuit Judge:

This suit was originally filed by a savings and loan institution to enforce a promissory note and a contemporaneously created loan guaranty against Oaks Apartments Joint Venture (the Partnership), the five individual participants in the partnership (the Partners), and Eric R. Veigel (Veigel). Subsequently, the Resolution Trust Corporation (RTC) was appointed receiver of...

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