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RESOLUTION TRUST CORP. v. CRUCE

No. 92-3050.

972 F.2d 1195 (1992)

RESOLUTION TRUST CORPORATION, as Receiver for Peoples Heritage Savings, and Peoples Heritage Federal Savings and Loan Association of Salina, Kansas, and Sandia Federal Savings and Loan of Albuquerque, New Mexico, Plaintiff-Appellee, v. James R. CRUCE; Thomas A. Burger; Thomas D. Dunn, Jr.; Catherine Elizabeth Allin-Cruce; Dorothy M. Cruce; Rebecca M. McCloskey, formerly known as Rebecca M. Cruce; Robert L. Stinson, as Trustee of the Shana Marie Dunn Trust and as Trustee of the Thomas Arthur Dunn Trust; Mary Colette Burger; Walid Qaddoumi; Peoples Federal Bancshares Inc., Defendants, and Lou Ann Dunn, Individually and as Trustee of the Thomas D. Dunn, Jr. Trust No. 1, Defendant-Appellant. Honorable J. Milton Sullivant, Trustee.

United States Court of Appeals, Tenth Circuit.

August 17, 1992.

Attorney(s) appearing for the Case

David R. Fontaine (R. Stan Mortenson, of Miller, Cassidy, Larroca & Lewin, Washington, D.C., and Gary D. McCallister, of Davis, Wright, Unrein, Hummer & McCallister, Topeka, Kan., were with him on the briefs), of Miller, Cassidy, Larroca & Lewin, Washington, D.C., for Defendant-Appellant.

David Mullin (Brad A. Chapman, of Mullin, Hoard & Brown, Amarillo, Tex., and Mira N. Marshall, of counsel, Legal Div., Professional Liability Section, Resolution Trust Corp., Washington, D.C., were with him on the brief), of Mullin, Hoard & Brown, Amarillo, Tex., for plaintiff-appellee.

Before MOORE, ENGEL, and TACHA, Circuit Judges.

TACHA, Circuit Judge.

Defendant-appellant Lou Ann Dunn appeals from two district court orders granting a preliminary injunction freezing certain of her assets and appointing a trustee to take custody and control of those assets during the pendency of this action for restitution. Resolution Trust Corp. v. Cruce, 783 F.Supp. 1309 (D.Kan.1992) (order granting preliminary injunction); Resolution Trust Corp. v. Cruce,

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