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RESOLUTION TRUST CORP. v. FIRST AMERICAN BANK

No. 97-55168.

155 F.3d 1126 (1998)

RESOLUTION TRUST CORPORATION, in its Corporate Capacity, Plaintiff-Appellee, v. FIRST AMERICAN BANK, a California Corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 16, 1998.

Attorney(s) appearing for the Case

Martin C. Washton, Gibson, Dunn & Crutcher, Los Angeles, CA, for defendant-appellant.

Kathryn R. Norcross, F.D.I.C., Washington, DC, for plaintiff-appellee.

Before: HUG, Chief Judge, BOOCHEVER and KOZINSKI, Circuit Judges.

BOOCHEVER, Circuit Judge:

First American Bank appeals the district court's summary judgment in favor of the Federal Deposit Insurance Corporation ("FDIC"), in an action by FDIC's predecessor, the Resolution Trust Corporation ("RTC"), to recover $4.1 million, plus interest, which the RTC allegedly paid erroneously to First American pursuant to a Deposit Insurance Transfer and Purchase Agreement. Under that Agreement, First American assumed certain assets and liabilities...

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