Legal Opinion

Park Club, Inc. v. Resolution Trust Corp.

Court of Appeals for the Fifth Circuit

Decided August 4, 1992No. 90-2975PublishedCited by 29 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge:

This suit, removed from state court, was brought by two borrowers and a guarantor against a lending financial institution and the Federal Savings and Loan Insurance Corporation (FSLIC), asserting that the lender had failed to abide by its agreement to make a permanent loan and that the FSLIC had interfered with a contractual relationship, and seeking a declaration that the guaranty is unenforceable. The district court granted summary judgment in favor of the defendants. 742 F.Supp. 395 (S.D.Tex.1990). Concluding that summary judgment was inappropriate because of…

2Cases cited7 opinions

  1. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  2. First Nat. Bank of Ariz. v. Cities Service Co.Supreme Court of the United States · 1968
  3. D'Oench, Duhme & Co. v. Federal Deposit InsuranceSupreme Court of the United States · 1942
  4. Theresa Plant v. Blazer Financial Services, Inc. Of GeorgiaCourt of Appeals for the Fifth Circuit · 1979
  5. Federal Deposit Insurance Corporation, in Its Corporate Capacity v. Clifford Hamilton and Dee Iva Hamilton, Defendants/third-Party v. Federal Deposit Insurance Corporation, as Receiver for Texas Bank & Trust Company, and Larry Tester, Third-PartyCourt of Appeals for the Third Circuit · 1991

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3Cited by29 opinions

  1. In Re EMC CorporationCourt of Appeals for the Federal Circuit · 2012
  2. North Cypress Medical Center Operating Co. v. Cigna HealthcareCourt of Appeals for the Fifth Circuit · 2015
  3. Resolution Trust Corp. v. SmithCourt of Appeals for the Fifth Circuit · 1995
  4. Tank Insulation International, Incorporated v. Insultherm, Inc., Insultherm, Inc. Mark A. McBride Thermacon, Inc.Court of Appeals for the Fifth Circuit · 1997
  5. United States v. Cushman & Wakefield, Inc.District Court, N.D. Texas · 2002

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