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RESOLUTION TRUST CORP. v. MIDWEST FEDERAL SAV.

Nos. 91-56300, 92-55350.

4 F.3d 1490 (1993)

RESOLUTION TRUST CORPORATION, in its capacity as Receiver of Midwest Federal Savings Bank of Minot; et al., Counter-Defendants/Appellants, v. MIDWEST FEDERAL SAVINGS BANK OF MINOT, a federally chartered savings association, as Trustee; Centennial Estates, Inc.; La Plata Investors; John F. Nolan; Gregory M. Beck; Gerald G. Wilson; TKMB Associates; John S. Tighe; William D. McBrearty; Michael J. Kiley, et al., Defendants, and Orangegate Investors, a California limited partnership, Counter-Claimant/Appellee. RESOLUTION TRUST CORPORATION, in its capacity as Receiver of Midwest Federal Savings Bank of Minot, Plaintiff-Appellee, v. MIDWEST FEDERAL SAVINGS BANK OF MINOT, a federally chartered savings association, as Trustee, Defendant, and Orangegate Investors; Centennial Estates, Inc.; La Plata Investors; John F. Nolan; Gregory M. Beck; TMKB Associates; Gerald G. Wilson; Main St. Investors; Royce T. Breazeale, Jr.; Michael J. Kiley, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided September 21, 1993.

Attorney(s) appearing for the Case

J. Michael Schwartz, Popham, Haik, Schnobrich & Kaufman, Minneapolis, MN, for plaintiff-appellant.

Paul B. George, Stuart W. Price, McDermott, Will & Emery, Newport, Beach, CA and James H. Casello, Beck & Casello, Laguna Hills, CA, for defendants-appellees-counter-defendant-appellant.

Stephen C. Drummy and Lawrence M. Burek, Drummy King & White, Costa Mesa, CA, for defendants-appellants TMKB Associates and Michael J. Kiley.

Before: HALL, WIGGINS and TROTT, Circuit Judges.

TROTT, Circuit Judge:

I

This case involves two separate appeals. In No. 91-56300, the Resolution Trust Corporation, as receiver for Midwest Federal Savings Bank of Minot, appeals the district court's reformation of a loan agreement between Midwest Federal Savings Bank, the lender, and Orangegate Investors, a limited partnership, and several named individuals, collectively the borrowers. In No. 92-55350, the borrowers...

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