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IN RE UNITED WESTERN BANCORP, INC.

No. 17-1281.

914 F.3d 1262 (2019)

IN RE: UNITED WESTERN BANCORP, INC., Debtor. Simon E. Rodriguez, in His Capacity as Chapter 7 Trustee for the Bankruptcy Estate of United Western Bancorp, Inc., Plaintiff-Appellant, v. Federal Deposit Insurance Corporation, in its Capacity as Receiver for United Western Bank, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

FILED January 29, 2019.

Attorney(s) appearing for the Case

Mark E. Haynes ( Michael M. Lane , with him on the briefs), Ireland Stapleton Pryor & Pascoe, P.C., Denver, Colorado, appearing for Appellant.

Joseph Brooks , Counsel ( Colleen J. Boles , Assistant General Counsel, Kathryn R. Norcross , Senior Counsel, and Michelle Ognibene , Counsel, on the brief), Federal Deposit Insurance Corporation, Appellate Litigation, Arlington, Virginia, appearing for Appellees.

Before BRISCOE, SEYMOUR, and HOLMES, Circuit Judges.

ORDER

This matter is before the court on the appellant's Petition for Panel Rehearing and Motion for Clarification. Upon consideration, the request for panel rehearing is granted in part and to the limited extent that footnote 3 of the original Opinion will be deleted. The Petition is otherwise denied, as is the motion to clarify. A copy of the revised version is attached to this order. The clerk is directed to file the amended version of the Opinion...

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