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RESOLUTION TRUST CORP. v. STONE

No. 92-5140.

998 F.2d 1534 (1993)

RESOLUTION TRUST CORPORATION, As Conservator for Standard Federal Savings & Loan Association, Plaintiff-Appellee, v. Alexander J. STONE; Progressive Acceptance Corporation, an Oklahoma corporation; Union Planters Investment Bankers Corporation, a Tennessee corporation; Union Planters Investment Bankers Group, Inc., a Tennessee corporation; Investment Group Mortgage Corporation, a Tennessee corporation; Union Planters Corporation, a Tennessee corporation, Defendants, and Professional Investors Insurance Group, Inc., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 12, 1993.

Attorney(s) appearing for the Case

Gene C. Howard (Eddie D. Ramirez and Sharon Womack Doty with him on the briefs) of Howard & Widdows, Tulsa, OK, for defendant/appellant.

R. Thomas Seymour (Sherry N. Taylor and David E. Booth with him on the brief), Tulsa, OK, for plaintiff/appellee.

Before ANDERSON, BRORBY, and EBEL, Circuit Judges.

EBEL, Circuit Judge.

FACTS

This case arises from the purchase by a savings and loan of approximately $10 million in automobile loan paper known as "enhanced automobile receivables" ("EARs"). EARs are basically car loans purchased from automobile dealers and resold on the secondary market in a package that contains certain enhancements to insure collectability.

The original plaintiff in this action was Standard Federal Savings Bank ("Standard Federal...

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