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IN RE MIDWAY PARTNERS

No. 92-2325.

995 F.2d 490 (1993)

In re MIDWAY PARTNERS, Debtor. RESOLUTION TRUST CORPORATION, as Receiver for Heritage Federal Savings and Loan Association, Plaintiff-Appellant, v. Ocie F. MURRAY, Jr.; Eric H. Scheffey, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 1, 1993.

Attorney(s) appearing for the Case

Garland S. Cassada, Robinson, Bradshaw & Hinson, P.A., Charlotte, NC, argued (Frank H. Lancaster, on brief), for plaintiff-appellant.

Ocie F. Murray, Jr., Singleton, Murray, Craven & Inman, Fayetteville, NC, argued, for defendant-appellee Murray.

John Carl Schafer, Brown & Bunch, Durham, NC, argued, for defendant-appellee Scheffey.

Before RUSSELL and WILLIAMS, Circuit Judges, and SPROUSE, Senior Circuit Judge.

OPINION

DONALD RUSSELL, Circuit Judge:

This case requires us to determine the status of two claims asserted by the Resolution Trust Corporation ("RTC"), acting as receiver for Heritage Federal Savings and Loan Association ("Heritage"), against Midway Partner's ("Midway") bankruptcy estate. The RTC filed two unsecured proofs of claim with the bankruptcy court after a foreclosure sale of collateral securing two loans made by the RTC to Midway failed to satisfy...

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