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IN RE McKENDRY

No. 93-1241.

40 F.3d 331 (1994)

In re Donald H. McKENDRY, individually and as officer, director and shareholder of McKendry Enterprises, Inc., and as general partner in Sixth Avenue Place Partnership and Creekside I Ltd., Debtor. RESOLUTION TRUST CORPORATION, as receiver for American Federal Savings Association of Iowa, Appellant, v. Donald H. McKENDRY, Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied December 20, 1994.

Attorney(s) appearing for the Case

Karen J. Mathis of The Mathis Law Firm, P.C. (John F. Reha of The Mathis Law Firm, P.C., and Richard A. Marsh of Massey, Showalter & Marsh, P.C., Denver, CO, on the briefs), for appellant.

Kimber Z. Smith of Sonheim, Helm & Less, Arvada, CO, for appellee.

Before KELLY and McKAY, Circuit Judges, and ROSZKOWSKI, District Judge.

McKAY, Circuit Judge.

Appellant Resolution Trust Corporation (RTC) appeals from the district court's affirmance of the bankruptcy court's determination that the RTC's request for a determination of nondischargeability of a debt was barred by the state statute of limitations applicable to fraud actions.

The pertinent facts of this case as found by the bankruptcy court are as follows. On January 23, 1979, Donald McKendry and Carl Cunningham entered into a partnership...

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