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FLEISHER v. F.D.I.C.

No. 95-3143.

113 F.3d 168 (1996)

Ernest M. FLEISHER, Plaintiff-Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION, in its capacity as receiver for Franklin Savings Association, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Opinion Ordered to be Published May 8, 1997.

Attorney(s) appearing for the Case

Jeffrey J. Simon (Michael Thompson, with him on the briefs), Blackwell, Sanders, Matheny, Weary & Lombardi, Kansas City, Mo., for Appellant.

Maria Beatrice Valdez, Federal Deposit Insurance Corporation, Washington, D.C. (Ann S. DuRoss, Assistant General Counsel, Thomas L. Hindes, Senior Counsel, and Sheila Kraft Budoff, Federal Deposit Insurance Corporation, Washington, D.C., Cynthia C. Dunham, and Emily Jane Bailey Martin, Leigh & Laws, Kansas City, Mo. with her on the brief), for Appellee FDIC, as receiver for Franklin Savings Association.

Before ANDERSON, HENRY, and MURPHY, Circuit Judges.

HENRY, Circuit Judge.

Plaintiff-appellant Ernest M. Fleischer appeals from the district court's order granting summary judgment to defendant-appellee the Resolution Trust Corporation ("the RTC") as receiver for Franklin Savings Association ("Franklin").1 Mr. Fleischer brought this action against the RTC, claiming that he was entitled under his contract of employment as chairman of the board of Franklin to unpaid compensation and severance...

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