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MTB ENTERPRISES, INC. v. ADC VENTURE 2011-2, LLC

No. 13-35468.

780 F.3d 1256 (2015)

MTB ENTERPRISES, INC., a Utah corporation; Michael T. Bilanzich, an individual; Hairware USA, Inc., a Utah corporation, Plaintiffs-Appellants, v. ADC VENTURE 2011-2, LLC, a Delaware LLC, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 23, 2015.

Attorney(s) appearing for the Case

Geoffrey J. McConnell and Chad M. Nicholson , Meuleman Mollerup LLP, Boise, ID; and Sean N. Egan , Salt Lake City, UT, for Plaintiff-Appellant.

Larry E. Prince and A. Dean Bennett , Holland & Hart LLP, Boise, ID, for Defendant-Appellee.

Before: M. MARGARET McKEOWN, RICHARD C. TALLMAN, and JOHN B. OWENS, Circuit Judges.

OPINION

INTRODUCTION

This case is about a bank loan gone awry — and where parties can sue to recoup their losses when a financial institution fails. Under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 ("FIRREA" or "the Act"), claimants in cases involving failed institutions...

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