RESOLUTION TRUST CORP. v. UNITED TRUST FUND, INC.

Nos. 91-5898, 91-5922, 91-6059, 92-4941, 93-4153 and 93-5005.

57 F.3d 1025 (1995)

RESOLUTION TRUST CORPORATION, as Receiver for Pioneer Federal Savings Bank, Plaintiff-Appellant, v. UNITED TRUST FUND, INC., a corporation organized and existing under the laws of the State of Florida, Financial Federal Savings and Loan Association of Dade County, a savings and loan association conducting business in Dade County, et al., Defendants-Appellees, Liberty Bell Realty Associates Limited Partnership, Intervenor-Defendant. RESOLUTION TRUST CORPORATION, as Receiver for Pioneer Federal Savings Bank, Plaintiff-Appellant, Cross-Appellee, v. UNITED TRUST FUND, INC., a corporation organized and existing under the laws of the State of Florida, Federal Home Loan Bank of Atlanta, Defendants-Appellees, Financial Federal Savings and Loan Association of Dade County, a savings and loan association conducting business in Dade County, Defendant-Appellee, Cross-Appellant, Liberty Bell Realty Associates Limited Partnership, Intervenor-Defendant. In re FINANCIAL FEDERAL SAVINGS AND LOAN ASSOCIATION OF DADE COUNTY, Petitioner. RESOLUTION TRUST CORPORATION, as Receiver for Pioneer Federal Savings Bank, Plaintiff-Counter-Defendant-Appellant, Cross-Appellee, v. UNITED TRUST FUND, INC., a corporation organized and existing under the laws of the State of Florida, Federal Home Loan Bank of Atlanta, Defendants, Financial Federal Savings and Loan Association of Dade County, a savings and loan association conducting business in Dade County, Florida, Defendant-Cross-Claimant-Appellee, Cross-Appellant, Liberty Bell Realty Associates Limited Partnership, a New Jersey Limited Partnership, Intervenor-Defendant-Counter-Claimant, Cross-Defendant-Appellee-Cross-Appellee. RESOLUTION TRUST CORPORATION, as Receiver for Pioneer Federal Savings Bank, Plaintiff-Counter-Defendant-Appellant, v. UNITED TRUST FUND, INC., a corporation organized and existing under the laws of the State of Florida, Federal Home Loan Bank of Atlanta, Defendants, Financial Federal Savings and Loan Association of Dade County, a savings and loan association conducting business in Dade County, Florida, Defendant-Cross-Claimant-Appellee, Liberty Bell Realty Associates Limited Partnership, a New Jersey Limited Partnership, Intervenor-Counter-Claimant, Cross-Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 12, 1995.


Attorney(s) appearing for the Case

Richard Bernstein, Alfonso J. Perez, Dora F. Kaufman, Haley, Sinagra & Perez, P.A., Fort Lauderdale, FL, and Dennis Klein, Kevin Crotty, Hughes, Hubbard & Reed, Washington, DC, for Resolution Trust Corporation as Receiver for Pioneer Federal Savings Bank.

Larry A. Stumpf, Miami, FL, Roger B. Kaplan, Woodbridge, NJ, Roy M. Hartman, Hornsby, Sacher, Zelman & Stanton, P.A., Miami, FL, for appellees in No. 91-5898.

Larry A. Stumpf, Miami, FL, Roger B. Kaplan, Woodbridge, NJ, James L. Armstrong, III, Miami, FL, for appellees in Nos. 91-5922, 91-6059.

Roy M. Hartman, Hornsby, Sacher, Zelman & Stanton, P.A., Miami, FL, for Financial Federal Sav. & Loan.

Roger B. Kaplan, Wilentz, Goldman & Spitzer, Woodbridge, NJ, Larry A. Stumpf, Rubin, Baum, Levin, Constant, Friedman & Bilzin, Miami, FL, for Liberty Bell Realty.

Before HATCHETT and ANDERSON, Circuit Judges, and FAY, Senior Circuit Judge.


ANDERSON, Circuit Judge:

This appeal involves the interpretation and application of the section of the Financial Institutions Reform, Recovery, and Enforcement Act ("FIRREA") relating to the right of a receiver or conservator of a failed financial institution to repudiate a lease, 12 U.S.C. § 1821(e). The case presents the following questions: whether a conservator as well as a subsequently-appointed receiver of a failed financial institution each have an independent...

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