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RESOLUTION TRUST CORP. v. DUNMAR CORP.

No. 91-3924.

43 F.3d 587 (1995)

RESOLUTION TRUST CORP., Plaintiff, v. DUNMAR CORP. and Michael D. Jones, Defendants-Counterclaim Plaintiffs, The First F.A., Defendant-Counterclaim Defendant, Sherman Dantzler and Jack Shirek, Defendants, and The First F.A. of Orlando and Resolution Trust Corp., Counter-Defendants. Michael D. JONES, Robert S. Guskiweicz, R.S. Futch, Jr., Plaintiffs-Appellants, v. RESOLUTION TRUST CORP., Defendant-Third Party Plaintiff-Appellee. Philip DONLEVY, William Crawford, Robert Stone, Defendants, v. SEMINOLE FLYING AND SOARING, INC., and The First F.A. of Orlando, Third Party Defendants. RESOLUTION TRUST CORP., Plaintiff-Counter Defendant-Appellee, v. LAKE PICKETT, LTD., a Florida Limited Partnership; Michael D. Jones, as general partner, d/b/a Lake Pickett, Ltd., a Florida Limited Partnership; Michael D. Jones, individually and as Trustee, Defendants - Counter - Plaintiffs - Appellants, The First F.A. of Orlando, Defendant.

United States Court of Appeals, Eleventh Circuit.

January 26, 1995.

Attorney(s) appearing for the Case

Broad and Cassel, Brenda Lee London, Robert D. Gatton, Orlando, FL, for appellant.

Giles, Hedrick & Robinson, P.A., E. Givens Goodspeed, Orlando, FL, Kirk K. Van Tine, Baker & Botts, Washington, DC, for Resolution Trust Corp.

Manueal A. Palau, FDIC, Washington, DC, for amicus curiae FDIC.

Before TJOFLAT, Chief, Judge, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, CARNES and BARKETT, Circuit Judges.

ANDERSON, Circuit Judge:

I. INTRODUCTION

In this decision we assess the propriety of the district court's grant of summary judgment in favor of appellee Resolution Trust Corporation based upon the D'Oench, Duhme doctrine. For the reasons that follow, we affirm the judgment of the district court.

II. FACTS

This case arises from the banking relationship of Michael D. Jones, Robert A. Guskiewicz, R.S. Futch, Jr., and Lake Pickett, Ltd...

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