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PARK CLUB, INC. v. RESOLUTION TRUST CORP.

No. 90-2975.

967 F.2d 1053 (1992)

PARK CLUB, INC., Park Club Ltd., and A. Dalton Smith, Jr., Plaintiffs-Appellants, v. RESOLUTION TRUST CORP., In Its Corporate Capacity and as Conservator for MeritBanc Savings Association, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 7, 1992.

Attorney(s) appearing for the Case

Maurice Bresenhan, Jr., Campbell, Zukowski & Bresenhan, Houston, Tex., for plaintiffs-appellants.

Walter Clay Cooke, Brown Maroney & Oaks Hartline, Houston, Tex., for defendant-appellee.

Before KING, SMITH, and WIENER, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

This suit, removed from state court, was brought by two borrowers and a guarantor against a lending financial institution and the Federal Savings and Loan Insurance Corporation (FSLIC), asserting that the lender had failed to abide by its agreement to make a permanent loan and that the FSLIC had interfered with a contractual relationship, and seeking a declaration that the guaranty is unenforceable. The district court granted summary...

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