RESOLUTION TRUST, CORP. v. MIDWEST FED. SAV. BANK

Nos. 91-56300, 92-55350.

36 F.3d 785 (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; TMKB 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.

Amended September 23, 1994.


Attorney(s) appearing for the Case

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

Stephen C. Drummy, Lawrence M. Burek, Drummy, King & White, Costa Mesa, CA, for defendants-appellants.

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


ORDER

The opinion filed September 21, 1993 is amended as follows: [Editor's Note: Amendments incorporated for purposes of publication].

With the above amendments, the panel has voted to deny the petition for rehearing and to reject the suggestion for rehearing en banc.

The full court has been advised of the amendments to the opinion and of the suggestion for rehearing en banc, and no judge requested a vote. Fed.R.App.P. 35(b).

The opinion...

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