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OKLAHOMA RADIO ASSOCIATES v. F.D.I.C.

No. 89-6434.

987 F.2d 685 (1993)

OKLAHOMA RADIO ASSOCIATES, an Oklahoma general partnership of J. Patrick Collins and Greg L. Armstrong; J. Patrick Collins, an individual; and Greg L. Armstrong, an individual, Plaintiffs-Appellants, v. FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for Citizens National Bank and Trust Company, Defendant-Appellee, v. MAGNOLIA BROADCASTING COMPANY, INC., Third-Party Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 12, 1993.

Attorney(s) appearing for the Case

John C. McMurry (Gregg R. Maynard with him on the brief), Oklahoma City, OK, for plaintiffs-appellants and third party defendant-appellant.

E. Whitney Drake, Sp. Counsel, F.D.I.C., Washington, DC (Mark I. Rosen, Deputy Gen. Counsel, Ann S. DuRoss, Asst. Gen. Counsel, Joan E. Smiley, Sr. Counsel, F.D.I.C., Washington, DC, and R. Pope Van Cleef, Jr. of Bush & Underwood, Oklahoma City, OK, with her on the brief), for defendant-appellee.

Before TACHA, HOLLOWAY and BARRETT, Circuit Judges.

HOLLOWAY, Circuit Judge.

Oklahoma Radio Associates (ORA), Magnolia Broadcasting Co., Inc. (Magnolia), J. Patrick Collins and Gregg L. Armstrong, appeal the grant of summary judgment to the appellee Federal Deposit Insurance Corporation (FDIC) by the district court on a counterclaim against the plaintiffs on two promissory notes and accompanying guarantees. The district court held that plaintiffs-appellants were estopped from asserting agreements between themselves...

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