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RESOLUTION TRUST CORP. v. ARMBRUSTER

Nos. 94-2438, 94-2443 and 94-2747.

52 F.3d 748 (1995)

RESOLUTION TRUST CORPORATION, Plaintiff-Appellant, v. James D. ARMBRUSTER; John G. Ayers; Stewart M. Condren; Jack E. Grober; J. Michael Shaw; Okla Ben Smith, Defendants. Charles L. Gocio, Defendant-Appellee. RESOLUTION TRUST CORPORATION, Plaintiff-Appellee, v. James D. ARMBRUSTER; John G. Ayers; Stewart M. Condren; Jack E. Grober; J. Michael Shaw; Okla Ben Smith, Defendants, Charles L. Gocio, Defendant-Appellant. RESOLUTION TRUST CORPORATION, Plaintiff-Appellee, v. James D. ARMBRUSTER; John G. Ayers; Stewart M. Condren; Jack E. Grober; J. Michael Shaw; Okla Ben Smith, Defendants-Appellants, Charles L. Gocio, Defendant.

United States Court of Appeals, Eighth Circuit.

Decided April 12, 1995.

Attorney(s) appearing for the Case

Bradley K. Beasley, Clifford K. Cate, Tulsa, OK, argued, for appellant.

Philip S. Anderson, Little Rock, AR, argued (Leon Holmes, Sheila M. Powers, Little Rock, AR, on the brief), Lavenski R. Smith, Fayetteville, AR, for appellee.

Bradley Jesson and Rex Terry, Fort Smith, AR, on the brief in case No. 94-2747 for cross-appellants Armbruster and Condren.

Before MAGILL, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and BEAM, Circuit Judge.

JOHN R. GIBSON, Senior Circuit Judge.

Six former officers and directors of the First America Federal Savings Bank of Fort Smith, Arkansas, appeal from the district court's denial of their motion for summary judgment. The Resolution Trust Corporation filed suit against seven former officers and directors alleging that they breached their fiduciary duties, were negligent, violated certain statutory duties, and breached their contracts with First America. The former...

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