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BROOKSIDE ASSOCIATES v. RIFKIN

No. 93-15048.

49 F.3d 490 (1995)

BROOKSIDE ASSOCIATES, a California limited partnership; Douglas F. McRae, and Chad R. Turner, Plaintiffs-Appellants, v. Michael RIFKIN, husband, and Anita Rifkin, wife; Frederick Weaver, husband, and Denise Weaver, wife; Resolution Trust Corporation, as receiver for Southwest Savings and Loan Association, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Withdrawn from Submission April 20, 1994.

Resubmitted October 26, 1994.

Decided February 21, 1995.

Attorney(s) appearing for the Case

Burton v. McCullough, Los Angeles, CA, for plaintiffs-appellants.

Michael W. Wright, McCabe, O'Donnell & Wright, Phoenix, AZ and Jeffrey Ehrlich, Resolution Trust Corp., Washington, DC, for defendants-appellees.

Before: D.W. NELSON, BOOCHEVER, and BEEZER, Circuit Judges.

BOOCHEVER, Circuit Judge:

Brookside Associates ("Brookside"), a limited partnership, and its two general partners filed suit for fraud against the Resolution Trust Corporation ("RTC"), as receiver for Southwest Savings and Loan Association ("Southwest"), and two of Southwest's former officers, seeking damages for misrepresentations made in connection with Southwest's sale of condominiums to Brookside. The RTC and the individual defendants moved for summary judgment...

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