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RESOLUTION TRUST CORP. v. DIAMOND

No. 55, Docket 92-6244.

45 F.3d 665 (1995)

RESOLUTION TRUST CORPORATION, as Receiver for Nassau Savings and Loan Association, F.A., Plaintiff-Appellant, v. Selma DIAMOND, Ira Kaufman, Jerome Lederer, Peggy Lehman, Susan Solomon Patullo, Lloyd Ribner, as executor of the estate of Muriel Ribner, Horace Solomon, Lillian Solomon, Denise Tucker, Angelo Aponte, Commissioner of the Division of Housing and Community Renewal of the State of New York, and Robert Abrams, Attorney General of the State of New York, Defendants-Appellees, and New York State Division of Housing and Community Renewal, Appellee.

United States Court of Appeals, Second Circuit.

Decided January 20, 1995.

Attorney(s) appearing for the Case

Dennis S. Klein, Washington, DC (Hughes Hubbard & Reed, of counsel), for plaintiff-appellant Resolution Trust Corp.

Carter G. Phillips, Washington, DC (Richard D. Bernstein, Peter D. Keisler, Sidley & Austin, on the brief), for defendants-appellees Lillian Solomon, Horace Solomon, Ira Kaufman, Peggy Lehman, and Denise Tucker-Kellen.

G. Oliver Koppell, Atty. Gen. State of N.Y. (Gary R. Connor, Karen S. Smith, Asst. Attys. Gen., on the brief), for defendants-appellees G. Oliver Koppell, Atty. Gen., Donald Halperin, Com'r of Div. of Housing and Community Renewal, and Selma Diamond, and for appellee Div. of Housing and Community Renewal.

Don D. Buchwald, New York City, for defendant appellee Susan Solomon Patullo.

Colleen F. McGuire, New York City, for defendant-appellee Lloyd Ribner, as Executor of the Estate of Muriel Ribner, deceased.

Before: PRATT, McLAUGHLIN and JACOBS, Circuit Judges.

JACOBS, Circuit Judge:

This matter returns to us following a remand by the Supreme Court. See Solomon v. Resolution Trust Corp., ___ U.S. ___, 115 S.Ct. 43, 130 L.Ed.2d 5 (1994). Our previous decision reversed an order granting summary judgment in favor of the tenants and the state, and remanded to the district court with instructions to enter judgment for the Resolution Trust Corporation ("RTC"). Resolution Trust Corp. v. Diamond, 18...

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