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RTC MORTG. TRUST 1994-S3 v. GUADALUPE PLAZA

No. CIV 95-507 BB/LFG.

918 F.Supp. 1441 (1996)

RTC MORTGAGE TRUST 1994-S3, by its attorney-in-fact TROTTER KENT, INC., Plaintiff, v. GUADALUPE PLAZA, a New Mexico Joint Venture, Ronald Brown, Jane Brown, Elmer Sproul, Lesley Sproul, Public Service Co. of New Mexico, Guadalupe Plaza, L.P., Madrid Construction Co., Seay Brothers, Inc., and Brooks, Hensley, Creager Architects, Defendants. GUADALUPE PLAZA, a New Mexico Joint Venture, Ronald Brown, Jane Brown, Elmer Sproul, and Lesley Sproul, Counter-claimants, v. RTC MORTGAGE TRUST 1994-S3, Counter-defendant. GUADALUPE PLAZA, a New Mexico Joint Venture, Ronald Brown, Jane Brown, Elmer Sproul, and Lesley Sproul, Third-party plaintiffs, v. RESOLUTION TRUST CORPORATION, Third-party defendant.

United States District Court, D. New Mexico.

February 23, 1996.

Attorney(s) appearing for the Case

Deborah R. Goncalves, Albuquerque, NM, for Plaintiff.

Rebecca Sitterly, Albuquerque, NM, for Defendants.

MEMORANDUM OPINION

BLACK, District Judge.

This Opinion addresses several pending motions. The Court has reviewed the submissions of the parties and the relevant law, and, for the reasons set forth below, finds that (1) Plaintiff's August 8, 1995 motion for summary judgment (Doc. 58) should be DENIED, (2) Plaintiff's September 28, 1995 objections to decision of United States Magistrate (Doc. 79) should be DENIED, and (3) Defendants' October 5, 1995...

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