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VENTANA INVESTMENTS v. 909 CORP.

No. 95-40004.

71 F.3d 168 (1995)

VENTANA INVESTMENTS, A Texas General Partnership; Pride House Care Corporation; Britwill Company; Bruce H. Whitehead, individually, Plaintiffs-Appellants, and All Plaintiffs, Plaintiff, v. 909 CORPORATION, formerly known as Underwood Neuhaus; Kemper Financial Companies, Inc.; Lovett Mitchell Webb & Garrison, Inc.; Franklin Financial Services, Inc.; William Sorenson; Defendants-Appellees, Resolution Trust Corporation, as Receiver for Franklin Federal Savings Association, Intervenor-Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 8, 1995.

Attorney(s) appearing for the Case

Thomas A. Graves, Morris Clay Gore, Dallas, TX, Keith R. Verges, Figari & Davenport, Dallas, TX, Jill D. Bohannon, Dallas, TX, for Plaintiffs-Appellants.

Matthew Paul Eastus, Baker & Botts, Houston, TX, Patrick Andrew Zummo, Zummo and Schirrmeister, Houston, TX, Sashe Dimanin Dimitroff, Carolyn Brostad Southerland, J. Michael Baldwin, Baker and Botts, Houston, TX, for 909 Corporation, Franklin Financial Services, Inc., William Sorenson.

Matthew Paul Eastus, Baker & Botts, Houston, TX, for Kemper Financial Companies, Inc., Lovett Mitchell Webb & Garrison, Inc.

Patrick Andrew Zummo, Zummo and Schirrmeister, Houston, TX, Sashe Dimanin Dimitroff, J. Michael Baldwin, Baker & Botts, Houston, TX, for Resolution Trust Corporation.

Before POLITZ, Chief Judge, HILL, and DeMOSS, Circuit Judges.

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

DeMOSS, Circuit Judge:

We previously issued an opinion in this case vacating the district court's decision and remanding the case with instructions to remand to the Texas state court. Ventana Investments v. 909 Corp., 65 F.3d 422 (5th Cir.1995). The Appellees, which included the Resolution Trust Corporation ("RTC"), filed a petition for rehearing, alleging...

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