RESOLUTION TRUST CORP. v. SANDS

Civ. A. No. 3:93-CV-0956-D.

863 F.Supp. 365 (1994)

RESOLUTION TRUST CORPORATION, in its corporate capacity, Plaintiff, v. John B. SANDS, David K. Sands, Laurie H. Sands Harrison, Martin Hearne, Curtis Todd Miller, Richard L. Park, James D. Alexander, Donald W. Crisp, individually and as Trustee of the Caroline Hunt Trust Estate, and William F. Conger, Defendants.

United States District Court, N.D. Texas, Dallas Division.

September 9, 1994.


Attorney(s) appearing for the Case

John A. Scully, John M. Sjovall, and Mike Bennett (argued), of Cowles & Thompson, and Sabrina C. Arellano and Andrew F. Emerson, of Arellano & Emerson, Dallas, TX, for plaintiff.

Schuyler B. Marshall (argued) and Stephen C. Rasch, of Thompson & Knight, George M. Kryder, III and J. Stuart Tonkinson, of Carrington, Coleman, Sloman & Blumenthal, L.L.P., and Rosemary Stewart of Akin, Gump, Strauss, Hauer & Feld, Dallas, TX, for defendants.


FITZWATER, District Judge:

In this action by plaintiff Resolution Trust Corporation, in its corporate capacity ("RTC"), to recover from directors and officers of a failed savings and loan on theories of negligence, gross negligence, and breach of fiduciary duty, the RTC moves to strike certain affirmative defenses. One of the principal questions presented by the motion is whether the Supreme Court's recent decision in O'Melveny & Myers v. FDIC, ___ U.S...

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