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RESOLUTION TRUST, CORP. v. FEDERAL SAV. AND LOAN INS. CORP.

Nos. 93-2002, 93-2015 and 93-2016.

34 F.3d 982 (1994)

RESOLUTION TRUST CORPORATION, as Conservator for Security Federal Savings and Loan Association, F.A., Plaintiff, First Southwest Financial Services, Inc., Clarence E. Ashcraft, Allen L. White, Plaintiffs-Appellees/Cross-Appellants, v. FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION, Federal Savings and Loan Insurance Corporation Resolution Fund, Defendants/Cross-Appellees, Federal Deposit Insurance Corporation, Federal Home Loan Bank Board, Director, Office of Thrift Supervision, in his own official capacity and as successor in interest to Federal Home Loan Bank Board, Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

September 7, 1994.

Attorney(s) appearing for the Case

Scott R. McIntosh, Appellate Staff, Civ. Div., Dept. of Justice, Washington, DC, Teresa Scott, Office of Thrift Supervision, Washington, DC (Carolyn B. Lieberman, Acting Chief Counsel, Thomas J. Segal, Deputy Chief Counsel, Aaron B. Kahn, Asst. Chief Counsel, Office of Thrift Supervision, Washington, DC, Stuart Schiffer, Acting Asst. Atty. Gen., Washington, DC, Don J. Svet, U.S. Atty., Albuquerque, NM, and Douglas N. Letter, Appellate Litigation Counsel, Dept. of Justice, Washington, DC, with them on the brief), for defendants-appellants and cross-appellees.

Paul M. Fish (Allen C. Dewey, Jr. and Lisa Mann Burke, with him on the brief), Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, NM, for plaintiffs-appellees and cross-appellants.

Before LOGAN, MOORE, ANDERSON, TACHA, BALDOCK, BRORBY, EBEL, KELLY and HENRY, Circuit Judges, and VAN BEBBER, District Judge.

ORDER

This matter comes on for consideration of Defendants-Appellants/Cross-Appellees' (Office of Thrift Supervision (OTS) and Federal Deposit Insurance Corporation (FDIC), collectively referred to as "the Agencies") petition for rehearing and suggestion for rehearing en banc. For the following reasons, the petition for rehearing is denied by the panel that rendered the decision.

The Agencies attempt to resurrect an issue on which they lost below and did...

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