CASTLEGLEN, INC. v. RESOLUTION TRUST CORP.

No. 90-4002.

984 F.2d 1571 (1993)

CASTLEGLEN, INC., a California corporation; and Larry B. Harvey, an individual, Plaintiffs-Counterdefendants-Appellants, v. RESOLUTION TRUST CORPORATION, as conservator for Commonwealth Federal Savings Association, and as receiver of Commonwealth Savings Association; Klein Financial Corporation, a California corporation; and Robert N. Klein, II, an individual, Defendants-Counterclaimants-Appellees, Santa Fe Apartments, Ltd., a Utah limited partnership; Busch Management Co., a Utah corporation; and Western States Title Company, Defendants-Counterclaimants. EMERSON REALTY & MANAGEMENT, Plaintiff-Appellee, v. CASTLEGLEN, INC., a California corporation, Defendant-Appellant, Resolution Trust Corporation, as conservator for Commonwealth Federal Savings Association, and as receiver of Commonwealth Savings Association, a Texas savings and loan association; Klein Financial Corporation, a California corporation; Robert N. Klein, II, an individual; Santa Fe Apartments, Ltd., a Utah limited partnership; and Busch Management Company, a Utah corporation, Defendants.

United States Court of Appeals, Tenth Circuit.

February 9, 1993.


Attorney(s) appearing for the Case

Earl M. Benjamin of Paul, Hastings, Janofsky & Walker, Los Angeles, CA (John A. O'Malley and Douglas J. Rovens of Paul, Hastings, Janofsky & Walker, Los Angeles, CA, and David B. Erickson of Kirton, McConkie & Poelman, Salt Lake City, UT, with him on the brief), for appellants.

Clark Waddoups (Patricia W. Christensen, Ronald G. Russell and Heidi E.C. Leithead, with him on the brief), of Kimball, Parr, Crockett & Waddoups, Salt Lake City, UT, for appellee.

Before BRORBY, HOLLOWAY and EBEL, Circuit Judges.


HOLLOWAY, Circuit Judge.

This appeal arises from the district court's entry of summary judgment in favor of the Resolution Trust Corporation (RTC) against the plaintiffs Castleglen, Inc. and Larry B. Harvey (together hereafter Castleglen).1 The plaintiffs brought an action for damages flowing from alleged misrepresentations made to them in connection with the purchase of a parcel of real estate and, in the alternative, for rescission of...

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