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DAVIS-WARREN AUCTIONEERS, J.V. v. F.D.I.C.

No. 99-1374.

215 F.3d 1159 (2000)

DAVIS-WARREN AUCTIONEERS, J.V., Plaintiff—Appellant, v. FEDERAL DEPOSIT INSURANCE CORPORATION, Defendant—Appellee.

United States Court of Appeals, Tenth Circuit.

June 20, 2000.

Attorney(s) appearing for the Case

William H. ReMine, III, Rossi & Maricle, P.C., Denver, Colorado, appearing for the Appellant.

Lawrence H. Richmond, Counsel (Ann S. DuRoss, Assistant General Counsel, and Colleen J. Boles, Senior Counsel, with him on the brief), Federal Deposit Insurance Corporation, Washington, DC, appearing for the Appellee.

Before TACHA, HOLLOWAY, and BALDOCK, Circuit Judges.

TACHA, Circuit Judge.

Davis-Warren Auctioneers appeals the district court's dismissal of its complaint pursuant to Rule 12(b)(6). Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we affirm.

I.

Late in 1994, the Resolution Trust Corporation (RTC) solicited offers for a contract to auction assets owned by its Denver office. Davis-Warren submitted a series of responsive bids. The first bid included a request for statutorily mandated special...

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