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1185 AVE. OF AMERICAS ASSOCIATES v. RTC

No. 1267, Docket 93-7810.

22 F.3d 494 (1994)

1185 AVENUE OF The AMERICAS ASSOCIATES, Plaintiff-Appellant, v. The RESOLUTION TRUST CORPORATION, as receiver of Ensign Federal Savings Bank and Ensign Bank, F.S.B., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 26, 1994.

Attorney(s) appearing for the Case

Ronald W. Meister, New York City (Eaton & Van Winkle, Robert D. Popper; Wien Malkin & Bettex, Eli R. Matioli, of counsel), for plaintiff-appellant.

Kathleen Donelli, White Plains, New York, (Cuddy & Feder, of counsel), for defendant-appellee.

Before: LUMBARD, FEINBERG, and MINER, Circuit Judges.

LUMBARD, Circuit Judge:

Plaintiff 1185 Avenue of the Americas Associates ("Lessor") appeals an order of the District Court for the Southern District of New York (Martin, Judge) granting summary judgment to defendant Resolution Trust Corporation ("RTC"), as receiver of Ensign Federal Savings Bank and Ensign Bank, F.S.B. The district court held (1) that the RTC in its capacity as a receiver for a failed banking institution has the power to repudiate contracts...

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