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F.D.I.C. v. NOEL

No. 98-1021.

177 F.3d 911 (1999)

FEDERAL DEPOSIT INSURANCE CORPORATION, as receiver for Western Gulf Savings and Loan Association, a Texas savings and loan association, Plaintiff-Counter-Defendant-Appellee, v. Wallace R. NOEL, Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 14, 1999.

Attorney(s) appearing for the Case

David M. Berrett, Barnett, Berrett, King & Southam, LLC, Aurora, Colorado (Scott Rothenberg, Law Offices of Scott Rothenberg, Bellaire, Texas, on the opening brief), appearing for Appellant.

Maria Beatrice Valdez, Counsel, Federal Deposit Insurance Corporation, Washington, DC (Ann S. DuRoss, Assistant General Counsel, and Lawrence Richmond, Acting Senior Counsel, Federal Deposit Insurance Corporation, Washington, DC, and James R. Miller and Paul R. Wood, Miller & Welch, LLC, Denver, Colorado, with her on the brief), appearing for Appellee.

Before TACHA, HENRY, and MURPHY, Circuit Judges.

TACHA, Circuit Judge.

The Resolution Trust Corporation ("RTC"), as receiver for Western Gulf Savings and Loan Association, brought this action against Wallace R. Noel for breach of a promissory note, deceit, and other claims arising out of a failed real estate transaction. Noel asserted numerous defenses and counterclaims against the RTC. The Federal Deposit Insurance Corporation ("FDIC") statutorily succeeded the RTC and moved for summary judgment, arguing that the...

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