T.H. INC. v. 6218 INVESTORS

No. 94-10667 Summary Calendar.

41 F.3d 235 (1995)

T.H. INC. and Edwin T. McBirney, III, Plaintiffs-Appellants, v. 6218 INVESTORS, et al., Defendants, RTC as Receiver for Sunbelt Federal Savings, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 5, 1995.


Attorney(s) appearing for the Case

Kenneth F. Nye, Julie A. Sandel, Madden & Nye, Dallas, TX, for appellants.

Susan Marie Barilich, Dallas, TX, for appellee.

Before REAVLEY, DAVIS and DeMOSS, Circuit Judges.


REAVLEY, Circuit Judge:

Plaintiffs T.H., Inc. and Edwin T. McBirney, III appeal the district court's grant of summary judgment in favor of defendant Resolution Trust Corporation (the "RTC"), as receiver for Sunbelt Federal Savings, FSB ("Sunbelt"). We reverse the grant of summary judgment and remand to the district court for remand to the state courts of Texas.

BACKGROUND

This suit involves real property known as 6218 Raintree Court, Dallas, Texas...

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