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BLACKMAN v. UNITED CAPITAL INVESTMENTS, INC.

No. 91-7817.

12 F.3d 1030 (1994)

John A. BLACKMAN, Jr.; Gene K. Bates; William T. Brooks; Kirby K. Bryant, Jr.; Douglas C. Hall; John F. Hensleigh; Mitchell Martin; W. Rodney Ott; John O. Waits; C. Eugene Brown; R.P. Midgett; Hollis N. Gieger; Plaintiffs-Counter-Defendants-Appellants, John Facinoli; Robert W. Lowe; Lenwood E. Dennis; Paul P. Salter, III, Plaintiffs, v. UNITED CAPITAL INVESTMENTS, INC., an Alabama Corporation; United Capital Securities, Inc., an Alabama Corporation; United Capital Corporation, an Alabama Corporation; John M. Andrews; Mary Jess-Ryan; Vincent C. Haydock; Thomas W. Moon; Bern, Bern, Butler, Capilouto & Massey, an Alabama Partnership; Guaranty Federal Savings & Loan Association; Defendants, Resolution Trust Corporation, as Conservator for Guaranty Federal Savings & Loan Assn., Defendant-Counter-Claimant, Appellee, Traweek Dickson; United Capital Properties, Inc., an Alabama Corporation; Mark Dauber, Defendants, Charles L. Denaburg, Movant.

United States Court of Appeals, Eleventh Circuit.

January 28, 1994.

Attorney(s) appearing for the Case

John C. Coggin, III, Lisa F. Grumbles, Coggin & Duke, Birmingham, AL, for appellants.

Robert M. Girardeau, Huie, Fernambucq & Stewart, Birmingham, AL, for Bern, Bern, Butler, Capilouto & Massey.

Charles R. Johanson, III, Engel, Hairston & Johanson, P.C., Birmingham, AL, for Resolution Trust Corp.

Before HATCHETT and COX, Circuit Judges, and RONEY, Senior Circuit Judge.

PER CURIAM:

A group of limited partners in a now defunct partnership appeal summary judgment rendered in favor of the Resolution Trust Corporation ("RTC"). The district court held that the limited partners' defenses to the enforcement of certain promissory notes were barred and as a consequence RTC was entitled to recover on those notes. We conclude that 12 U.S.C. § 1823(e) does bar the limited partners' defenses. Accordingly, we affirm the district court's grant...

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