VENTANA INVESTMENTS v. 909 CORP.

No. 95-40004.

65 F.3d 422 (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.

September 13, 1995.


Attorney(s) appearing for the Case

Morris Clay Gore, Thomas A. Graves, Dallas, TX, Carl A. Parker, Long, Parker, Doyle, Port Arthur, TX, Keith R. Verges, Figari & Davenport, Dallas, TX, Jill D. Bohannon, Dallas, TX, for Ventana Investments, Pride House Care Corp., and Bruce H. Whitehead.

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

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

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

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


DeMOSS, Circuit Judge:

This is an appeal from a grant of summary judgment against plaintiff-appellant Ventana Investments,2 and in favor of defendant-appellees Underwood Neuhaus ("Underwood"), Franklin Financial Services, Inc. ("Franklin Financial")3 and intervenor-defendant-appellee the Resolution Trust Corporation ("RTC").

This case was originally filed in the 172nd Judicial District of Jefferson...

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