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FIRST FEDERAL SAV. & LOAN v. TRANSAMERICA TITLE INS. CO.

No. 92-1339.

19 F.3d 528 (1994)

FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF FARGO, NORTH DAKOTA, Plaintiff, and Resolution Trust Corporation, as Receiver for First Federal Savings and Loan Association of Fargo, North Dakota, Plaintiff-Intervenor-Appellant, v. TRANSAMERICA TITLE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 16, 1994.

Attorney(s) appearing for the Case

George W. Mueller (and Donald D. Farlow of Burns, Wall, Smith & Mueller, P.C., Denver, CO; and James M. Barker, Michael P. Condon, Michael E.F. Plave, Resolution Trust Corp., Litigation Section, Washington, DC, and Dorothy F. LeGrand, Resolution Trust Corp., Overland Park, KS, Of Counsel, with him on the brief), for plaintiff-intervenor-appellant.

Peter C. Dietze (Robyn W. Kube with him on the brief) of Dietze & Davis, P.C., Boulder, CO, for defendant-appellee.

Before KELLY and BARRETT, Circuit Judges, and ROGERS, District Judge.

PAUL KELLY, Jr., Circuit Judge.

Resolution Trust Corporation (RTC) appeals from a judgment finding in favor of Transamerica Title Insurance Company (Transamerica) establishing that Transamerica did not breach a title insurance policy issued to RTC's predecessor-in-interest, First Federal Savings and Loan Association of Fargo, North Dakota (First Federal). We have jurisdiction under 28 U.S.C. § 1291 and affirm.

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