Resolution Trust Corp. v. Diamond

JACOBS, Circuit Judge:

This matter returns to us following a remand by the Supreme Court. See Solomon v. Resolution Trust Corp., — U.S. -, 115 S.Ct. 43, 130 L.Ed.2d 5 (1994). Our previous decision reversed an order granting summary judgment in favor of the tenants and the state, and remanded to the district court with instructions to enter judgment for the Resolution Trust Corporation (“RTC”). Resolution Trust Corp. v. Diamond, 18 F.3d 111 (2d Cir.1994).1 The Supreme Court vacated *668that decision, and remanded for reconsideration in light of its decision in O’Melveny & Myers v. FDIC, — U.S. -,…