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RESOLUTION TRUST CORP. v. FOUST

No. 1 CA-CV 90-194.

177 Ariz. 507 (1993)

869 P.2d 183

RESOLUTION TRUST CORPORATION, as conservator of Western Savings and Loan Association, F.A., a federal savings and loan association, and as receiver of Western Savings and Loan Association, an Arizona corporation; and Western Savings and Loan Association, an Arizona corporation, Plaintiff-Appellant, Cross-Appellee, v. Kenneth A. FOUST, a single man, aka Ken Foust, Defendant-Appellee, Cross Appellant.

Court of Appeals of Arizona, Division 1, Department C.

Reconsideration Denied April 30, 1993.

Attorney(s) appearing for the Case

Gust, Rosenfeld & Henderson by James G. Speer, Richard A. Segal, Patricia A. Sallen, Phoenix, for plaintiff-appellant, cross appellee.

Allen, Kimerer, LaVelle by Michael J. LaVelle, Merrick B. Firestone, Phoenix, for defendant-appellee, cross appellant.

OPINION

McGREGOR, Judge.

This action initially involved relatively straightforward disputes between Western Savings and Loan Association (Western Savings) and Kenneth Foust (Foust). When the Resolution Trust Corporation (RTC) became Western Savings' receiver near the end of a jury trial involving Western Savings and Foust, however, issues arose about the subject matter jurisdiction of the state courts and the continued viability of a counterclaim asserted...

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