JONES v. RESOLUTION TRUST CORP.

No. 91-3924.

7 F.3d 1006 (1993)

Michael D. JONES, Robert S. Guskiewicz, R.S. Futch, Jr., Plaintiffs-Appellants, v. RESOLUTION TRUST CORP., Defendant-Third Party Plaintiff-Appellee, Philip Donlevy, William Crawford, Robert Stone, Defendants, v. SEMINOLE FLYING AND SOARING, INC., and The First F.A. of Orlando, Third Party Defendants. RESOLUTION TRUST CORP., Plaintiff-Counter-Defendant-Appellee, v. LAKE PICKETT, LTD., a Florida Limited Partnership; Michael D. Jones, as general partner, d/b/a Lake Pickett, Ltd., a Florida Limited Partnership; Michael D. Jones, individually and as Trustee, Defendants-Counter-Plaintiffs-Appellants, The First F.A. of Orlando, Defendant.

United States Court of Appeals, Eleventh Circuit.

November 23, 1993.


Attorney(s) appearing for the Case

Brenda Lee London, Robert D. Gatton, Broad and Cassel, Maitland, FL, for appellants.

E. Givens Goodspeed, Giles, Hedrick & Robinson, P.A., Orlando, FL, Kirk K. Van Tine, Baker & Botts, Washington, DC, for appellees.

Before FAY and ANDERSON, Circuit Judges, and RONEY, Senior Circuit Judge.


FAY, Circuit Judge:

The appellants, Michael D. Jones, et. al. appeal summary judgment rendered by the district court in favor of the Resolution Trust Corporation ("RTC") in two cases which were consolidated for appeal. The district court held that all of Jones' claims were precluded by the D'Oench, Duhme doctrine and 12 U.S.C. § 1823(e). Because we find the D'Oench, Duhme doctrine does not apply to the majority of Jones' claims

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