JOHN v. RESOLUTION TRUST CORP.

No. 94-1043.

39 F.3d 773 (1994)

George JOHN and Sandra John, Plaintiffs-Appellants, v. RESOLUTION TRUST CORPORATION, Receiver of Germania Bank, a Federal Savings Bank, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 8, 1994.


Attorney(s) appearing for the Case

William L. Berry (argued), Dunham, Boman & Leskera, Belleville, IL, for plaintiffs-appellants.

Donald L. Smith (argued), Hoagland, Fitzgerald, Smith & Pranaitis, Alton, IL, for defendant-appellee.

Before CUMMINGS, CUDAHY and RIPPLE, Circuit Judges.


CUMMINGS, Circuit Judge.

The walls of the residence at 408 Bauer Lane, Collinsville, Illinois were cracking as the house was sinking into the ground. Germania Savings and Loan Association ("Germania") plastered over cracks in the exterior walls to conceal the subsidence before selling the house. The issue presented in this case is whether the doctrine of D'Oench estoppel1 bars the buyers, George and Sandra John, from recovering...

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