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RESOLUTION TRUST CORP. v. ALLEN

No. 93-1718.

16 F.3d 568 (1994)

RESOLUTION TRUST CORPORATION, as receiver for Shenandoah Federal Savings Bank, Plaintiff-Appellant, v. Bobby S. ALLEN; James Egglezos; Ronald Foster; James Nevins; Jerry Warren; Monica Warren, Defendants-Appellees, and American Resort Services, Incorporated, a corporation, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided February 1, 1994.

Attorney(s) appearing for the Case

ARGUED: Robert Parker Fletcher, Nixon, Hargrave, Devans & Doyle, Washington, D.C., for Appellant. Stephen Godfrey Jory, Jory & Smith, Elkins, West Virginia, for Appellees. ON BRIEF: Deborah A. Tarasevich, Nixon, Hargrave, Devans & Doyle, Washington, D.C.; Stephen L. Thompson, Cecil, Barth & Thompson, Charleston, West Virginia; James M. Barker, Assistant General Counsel, Michael P. Condon, Senior Counsel, Sheila Kraft Budoff, Resolution Trust Corporation, Washington, D.C., for Appellant.

Before MURNAGHAN, WILKINSON, and WILLIAMS, Circuit Judges.

OPINION

WILLIAMS, Circuit Judge:

This appeal comes to us in a peculiar but increasingly familiar procedural posture. Resolution Trust Corporation (RTC) was appointed as receiver for Shenandoah Federal Savings Bank after a state court had entered judgment against Shenandoah but while the case was pending on appeal before the West Virginia Supreme Court of Appeals. RTC removed the action to the United States District Court for the Northern District of West...

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