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ALTHOUSE v. RESOLUTION TRUST CORP.

No. 91-2044.

969 F.2d 1544 (1992)

Kerry W. ALTHOUSE, Appellant, v. RESOLUTION TRUST CORPORATION, Receiver for Horizon Financial, F.A., Appellee.

United States Court of Appeals, Third Circuit.

Decided July 21, 1992.

Attorney(s) appearing for the Case

James V. Fareri, Newman, Williams, Mishkin, Corveleyn, Wolfe & Fareri, Stroudsburg, Pa., for appellant, Kerry W. Althouse.

David L. Braverman, Linda J. Fellen, Klehr, Harrison, Harvey, Branzburg & Ellers, Philadelphia, Pa., Jeffrey Ehrlich, Resolution Trust Corp., Washington, D.C., for appellee, Resolution Trust Corp.

Before: BECKER, HUTCHINSON, and ALITO, Circuit Judges.

Submitted Under Third Circuit Rule 12(6) June 25, 1992.

OPINION OF THE COURT

ALITO, Circuit Judge:

This case presents the question whether a claimant who fails to file a claim with the Resolution Trust Corporation (RTC) within the period specified in the RTC's notice to creditors under 12 U.S.C. § 1821(d)(3)(B)(i) may nevertheless obtain review of the merits of that claim by filing suit in district...

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