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F.D.I.C. v. SUNA ASSOCIATES, INC.

No. 336, Docket 95-6022.

80 F.3d 681 (1996)

FEDERAL DEPOSIT INSURANCE CORPORATION, as the Receiver of Connecticut Savings Bank, Plaintiff-Appellee, v. SUNA ASSOCIATES, INC., Joseph E. Celentano and Kalman A. Sachs, Defendants-Appellants, Mill River Condominium Association, Inc., Defendant.

United States Court of Appeals, Second Circuit.

Decided March 26, 1996.

Attorney(s) appearing for the Case

Bernard Green, Green and Gross, P.C., Bridgeport, CT, for Defendant-Appellant Suna Associates, Inc.

Jeffrey M. Sachs, Gesmonde, Pietrosimone, Sgrignari, Pinkus & Sachs, Hamden, CT, (John M. Gesmonde, of counsel), for Defendant-Appellant Kalman A. Sachs.

E. Whitney Drake, Washington, D.C., (Richard J. Buturla, Berchem, Moses & Devlin, Milford, CT; Ann S. DuRoss, Asst. General Counsel, Richard J. Osterman, Jr., Senior Counsel, FDIC, Washington, D.C., of counsel), for Plaintiff-Appellee.

Before: FEINBERG, WALKER, and CALABRESI, Circuit Judges.

WALKER, Circuit Judge:

This is an appeal from a deficiency judgment entered against a mortgagor corporation and its principal and against a guarantor of the accompanying note by the United States District Court for the District of Connecticut (F. Owen Eagan, Magistrate Judge). Appellants together allege four errors by the district court: (1) its finding that the D'Oench, Duhme doctrine (derived from D'Oench, Duhme & Co., Inc. v. FDIC,

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