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RESOLUTION TRUST CORP. v. NORTHPARK JOINT VENTURE

No. 91-1501.

958 F.2d 1313 (1992)

RESOLUTION TRUST CORPORATION, as receiver for First Savings and Loan Association of Waco and First Savings and Loan Association of Temple, and as conservator of First Savings and Loan, F.A., Temple, Texas, Plaintiffs-Appellees, v. NORTHPARK JOINT VENTURE, et al., Defendants, and Steven S. Schiff, Charles G. Dannis, Stephen T. Crosson, Barry Howard, Robert L. Schiff, Charles H. Perry, Herbert G. Schiff and Telstar Partnership, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 21, 1992.

Attorney(s) appearing for the Case

Robert D. Lybrand, Deborah A. Wilson, Dallas, Tex., for Dannis and Crosson.

Carla Marie Calabrese, Haynes & Boone, Dallas, Tex., Dennis Sheehan, Terry S. Boone, Haynes & Boone, Ft. Worth, Tex., for plaintiffs-appellees.

Before KING, JOHNSON and DAVIS, Circuit Judges.

JOHNSON, Circuit Judge:

This action originated in state court as a suit to recover the balance of a debt. The state court granted partial summary judgment against the defendants, concluding that the defendants were responsible for the unsatisfied indebtedness. After the case was removed to federal district court, the federal court declined to reconsider the state court ruling and entered a judgment against the defendants. Unable to conclude that the district court...

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