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VOLGES v. RESOLUTION TRUST CORP.

Nos. 1995, 1866, Dockets 94-6061, 94-3023.

32 F.3d 50 (1994)

Attila VOLGES, Plaintiff-Appellee, v. RESOLUTION TRUST CORPORATION, Defendant-Appellant. In re RESOLUTION TRUST CORPORATION, Petitioner. Attila VOLGES, Plaintiff, v. RESOLUTION TRUST CORPORATION, Defendant.

United States Court of Appeals, Second Circuit.

Decided August 11, 1994.

Attorney(s) appearing for the Case

Robert C. Hiltzik, Great Neck, NY, for plaintiff-appellee.

P. Matthew Sutko, Washington, DC (Resolution Trust Corp., Washington, DC, Anthony A. Dean, Daniel W. Dienst, Windels, Marx, Davies & Ives, New York City, of counsel), for defendant-appellant.

Before: WINTER and WALKER, Circuit Judges, and POLLACK, District Judge.

WALKER, Circuit Judge:

This appeal presents the issue of whether courts have subject matter jurisdiction to enjoin the Resolution Trust Corporation ("RTC") from disposing of assets of a failed institution under the RTC's receivership, when the disposition arguably would violate a post-receivership contract entered into by the RTC. The United States District Court for the Eastern District of New York (Thomas C. Platt, Chief Judge) enjoined the RTC from auctioning...

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