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ENCLAVE, INC. v. RESOLUTION TRUST CORP.

No. 92-1753 Summary Calendar.

986 F.2d 131 (1993)

ENCLAVE, INC., Plaintiff-Appellant, v. RESOLUTION TRUST CORPORATION As Receiver of Sunbelt Federal Savings, FSB, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 24, 1993.

Attorney(s) appearing for the Case

Mark H. How, Marcia F. Pennell, Short, How, Frels & Tredoux, Dallas, TX, for plaintiff-appellant.

Richard B. Sobol, Sobol & Pitts, New Orleans, LA, for defendant-appellee.

Before REYNALDO G. GARZA, SMITH and WEINER, Circuit Judges.

PER CURIAM:

The appellant, Enclave, Inc. (Enclave), seeks the dismissal of a summary judgment in favor of Resolution Trust Corporation (RTC) allowing them to keep the earnest money paid by Enclave because of its failure to close on the property. Upon review we find that no material issue of fact exists and therefore the summary judgment is affirmed.

FACTS

On April 26, 1990, Vincenzo Barrasso and Sabino Luciano entered into a written contract with...

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