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RESOLUTION TRUST CORP. v. STARKEY

No. 93-2172.

41 F.3d 1018 (1995)

RESOLUTION TRUST CORPORATION, As Receiver for Commonwealth Federal Savings Association, Plaintiff-Appellee, v. Jerry L. STARKEY, et al., Defendants, George D. Thomas, Jr., and George D. Thomas, III, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 9, 1995.

Attorney(s) appearing for the Case

E.K. Peticolas, Peticolas & Shapleigh, El Paso, TX, for G. Thomas, Jr.

David J. Gallo, San Diego, CA, for G. Thomas, III.

Randi Born, James Haralson Pearson, Houston, TX, for appellee.

Before POLITZ, Chief Judge, GOLDBERG and DUHÉ, Circuit Judges.

GOLDBERG, Circuit Judge:

The Resolution Trust Corporation ("RTC") brought suit against defendants George D. Thomas, Jr. (Thomas Jr.), George Thomas III (Thomas III), and Jerry L. Starkey, to enforce guaranties on two promissory notes. The defendants did not oppose the RTC's motion for summary judgment, and the district court granted summary judgment in favor of the RTC. Defendants Thomas Jr. and Thomas III1 (hereinafter referred to collectively...

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