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RESOLUTION TRUST CORP. v. KENNELLY

No. 94-35236.

57 F.3d 819 (1995)

RESOLUTION TRUST CORPORATION, Plaintiff-Appellee, v. Cornelius R. KENNELLY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 13, 1995.

Attorney(s) appearing for the Case

Ted Stepovich, Stepovich, Kennelly & Stepovich, Anchorage, AK, for defendant-appellant Cornelius R. Kennelly.

Timothy R. Byrnes, Hughes, Thorsness, Gantz, Powell & Brundin, Anchorage, AK, and Miles H. Shore, Saul, Ewing, Remick & Saul, Philadelphia, PA, for plaintiff-appellee Resolution Trust Corp.

Before: PREGERSON, KOZINSKI, and LEAVY, Circuit Judges.

PER CURIAM:

The procedural history of this case is somewhat convoluted, but the facts relevant to this appeal are simple. Cornelius and So Nyum Kennelly ("Kennellys") invested in Triad American Energy, Inc. ("Triad"), a California limited partnership that sold windmill-generated electricity. To finance their Triad investment, the Kennellys executed a promissory note for $205,000 in favor of Atlantic Financial Federal of Pennsylvania ("AFF"). Triad did not prove to...

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