LESAL INTERIORS, INC. v. ECHOTREE ASSOCIATES, L.P.

Nos. 93-5707, 94-5047.

47 F.3d 607 (1995)

LESAL INTERIORS, INC., Appellant, v. ECHOTREE ASSOCIATES, L.P., a New Jersey Limited Partnership; HLM/Echotree, Inc.; Echelon Glen Cooperative, Inc.; H.L. Michaels, Inc.; M.J. Rayes Incorporated, a/k/a M.J. Raynes, Inc.; Resolution Trust Corporation, Receiver of CorEast Savings Bank F.S.B., whose address is 808 Moorefield Park Drive, Richmond, Virginia, 23236; Federal Deposit Insurance Commission, as Receiver for American Savings Bank, F.S.B.; General Electric Capital Corporation; DLG Financial Services Corporation, a/k/a DLG Financial Services, Inc.; Colonial Equity of New York, Inc.; James D. Demetrakis; Vincent Travalino; Del Mastro's, Inc., t/a Del's Enterprise; Del Mastro Enterprises, Inc.; Horizon I Corporation; Colonial DPC Corp., I. LESAL INTERIORS, INC., Appellant, v. ECHOTREE ASSOCIATES, L.P., a New Jersey Limited Partnership; HLM/Echotree, Inc.; Echelon Glen Cooperative, Inc.; H.L. Michaels, Inc.; M.J. Rayes Incorporated, a/k/a M.J. Raynes, Inc.; Resolution Trust Corporation, Receiver of CorEast Savings Bank F.S.B., whose address is 808 Moorefield Park Drive, Richmond, Virginia, 23236; Federal Deposit Insurance Commission, as Receiver for American Savings Bank, F.S.B.; General Electric Capital Corporation; DLG Financial Services Corporation, a/k/a DLG Financial Services, Inc.; Colonial Equity of New York, Inc.; James D. Demetrakis; Vincent Travalino; Del Mastro's, Inc., t/a Del's Enterprise; Del Mastro Enterprises, Inc.; Horizon I Corporation; Colonial DPC Corp., I. LESAL INTERIORS, INC. v. RESOLUTION TRUST CORPORATION, as Receiver for CorEast Savings Bank; Colonial DPC Corp. I, a New Jersey Corporation; The Echelon Glen Residents and Owners Association; The Polis Housing Foundation Corporation VI, and certain John Doe defendants, financing institutions involved in the "refinancing" of the Echelon Glen Project, and Certain John Doe II defendants, transferees of assets fraudulently conveyed by Colonial DPC Corp. I; Howard L. Michaels. Lesal Interiors, Inc., Appellant.

United States Court of Appeals, Third Circuit.

Decided February 10, 1995.


Attorney(s) appearing for the Case

H. Thomas Hunt (argued), Hunt & Scaramella, P.C., Cherry Hill, NJ, for appellant.

Ann F. Kiernan (argued), Jamieson, Moore, Peskin & Spicer, Princeton, NJ, for appellees Resolution Trust Corp.

Before: BECKER and ALITO, Circuit Judges, and BRODY, District Judge.


OPINION OF THE COURT

ALITO, Circuit Judge:

Lesal Interiors, Inc. ("Lesal") has appealed a district court order entering judgment against it on claims that it originally asserted against Colonial DPC Corporation I ("Colonial") and CorEast Savings Bank ("CorEast"). Colonial was formerly the wholly owned nonbanking subsidiary of CorEast, which is now under the receivership of the Resolution Trust Corporation ("RTC"). The district court held that Lesal could...

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