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HOMELAND STORES, INC. v. RESOLUTION TRUST CORP.

No. 93-3043.

17 F.3d 1269 (1994)

HOMELAND STORES, INC., Plaintiff-Appellee, v. RESOLUTION TRUST CORPORATION, Defendant-Appellant, and Bob's Super Saver, Inc., Defendant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied April 25, 1994.

Attorney(s) appearing for the Case

P. Matthew Sutko (Munsell St. Clair, Counsel, Resolution Trust Corporation, Washington, D.C.; Richard A. Shull, Senior Attorney, Kansas City Consolidated Office, Resolution Trust Corporation, Kansas City, Missouri; and Kirk K. Van Tine, Wendy J. Lang, Kelly A. Riley, and Linda C. Wang, Baker & Botts, L.L.P., Washington, D.C., with him on the briefs), Counsel, Resolution Trust Corporation, Washington, D.C., for the Defendant-Appellant.

Harvey D. Ellis, Jr. (L.E. Stringer, Crowe & Dunlevy, Oklahoma City, Oklahoma; and James D. Oliver, Foulston & Siefkin, Wichita, Kansas, with him on the brief), Crowe & Dunlevy, Oklahoma City, Oklahoma, for the Plaintiff-Appellee.

Before TACHA, GOODWIN, and BRORBY, Circuit Judges.

TACHA, Circuit Judge.

The district court found that it has jurisdiction to hear Homeland Stores' claims against the Resolution Trust Corporation ("RTC"). The court then certified for interlocutory appeal and the RTC now appeals the district court's ruling. We exercise jurisdiction pursuant to 28 U.S.C. § 1292(b) and affirm.

I. Background

Mid Kansas Savings & Loan Association of Wichita, Kansas ("Mid Kansas"), and First Federal Savings &...

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