RESOLUTION TRUST CORP. v. CAMP

No. 91-1609.

965 F.2d 25 (1992)

RESOLUTION TRUST CORPORATION, As Receiver for First Savings and Loan Association, F.A., Resolution Trust Corporation, As Conservator for First Savings and Loan Association, F.A., Temple, And Resolution Trust Corporation, As Receiver for First America Savings Bank, F.S.B., Fort Smith, Arkansas, Plaintiffs-Appellees, v. L. Bradley CAMP and S. Foster Yancey, Jr., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 9, 1992.


Attorney(s) appearing for the Case

Robert M. Greenberg, Dallas, Tex., for defendants-appellants.

Michelle Kosse, Ann S. DuRoss, Asst. Gen. Counsel, FDIC, Washington, D.C., for RTC.

Jamie S. King, Robert J. Clary, Johnson, Bromberg & Leeds, Dallas, Tex., for RTC as receiver for First Federal Sav. & Loan Ass'n, F.A.

Foster Reese, III, Maria Thomas-Jones, Chapman & Reese, Dallas, Tex., for RTC as receiver for First America Sav. Bank, et al.

Before WISDOM, REYNALDO G. GARZA, and JONES, Circuit Judges.


REYNALDO G. GARZA, Circuit Judge:

In this case, makers of a note in favor of failed lending institutions appeal summary judgment against them, alleging that the district court found in favor of parties which by the time of judgment had been substituted out of the case, that genuine issues of material fact existed, and that the district court failed to give adequate consideration to their affirmative defenses. For the reasons discussed below, we affirm the judgment...

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