RESOLUTION TRUST CORP. v. FRATES

No. 94-5126.

52 F.3d 295 (1995)

RESOLUTION TRUST CORPORATION, Plaintiff-Appellee v. Joseph A. FRATES, Thorn Huffman John E. Deas, David L. Fist, C. Michael Barkley, and Robert Westfield, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

April 11, 1995.


Attorney(s) appearing for the Case

Williams R. Turnbow (Joseph D. Booz, Resolution Trust Corp., Overland Park, KS, with him on the brief), and Hershner, Hunter, Moulton, Andrews & Neill, Eugene, OR, for plaintiff-appellee Resolution Trust Corp.

Frederic Dorwart (J. Michael Medina, with him on the brief), Holliman, Langholz, Runnels & Dorwart, Tulsa, OK, for defendant-appellant Joseph A. Frates.

Thorn C. Huffman, San Antonio, TX, on the brief pro se as defendant-appellant.

Frank H. McCarthy, Barkley, Rodolf & McCarthy, Tulsa, OK, on the brief for defendant-appellant C. Michael Barkley.

James W. Tilly and Ann P. Dooley, Tilly & Ward, Tulsa, OK, on the brief for defendant-appellant David L. Fist.

John E. Deas, Tulsa, OK, on the brief pro se as defendant-appellant.

John D. Clayman, Levinson & Smith, Tulsa, OK, on the brief for defendant-appellant Robert Westfield.

W.W. Reeves and Tim W. Miller, Reeves, Murdock & Gifford, Casper, WY, on the brief for amicus curiae Provident Directors.

Before MOORE and BRORBY, Circuit Judges; and ALSOP, Senior District Judge.


JOHN P. MOORE, Circuit Judge.

The Resolution Trust Corporation filed this action on behalf of State Federal Savings and Loan Association, a failed federally chartered thrift association, against the former directors of State Federal, alleging negligence, gross negligence, and breach of fiduciary duty. Defendants answered, raising an affirmative defense that they could not be held liable for simple negligence. The district court granted the RTC's motion to strike that...

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