Legal Opinion
Resolution Trust Corporation as Receiver for First Federal Savings Bank of Diamondville, Wyoming v. William Kimbrough Love
Court of Appeals for the First Circuit
Decided September 26, 1994No. 93-8051PublishedCited by 34 opinions
1Opinion of the Court
ROSZKOWSKI, Senior District Judge.
This is an appeal from a Summary Judgment granted in favor of Plaintiff-Appellee, Resolution Trust Corporation (RTC), in a suit for deficiency judgment against Defendant-Appellant, William Kimbrough Love. On appeal, Love raises two arguments: 1) the RTC is not entitled to recover on the note because it cannot produce the original; and 2) affirmative defenses do not require administrative exhaustion under FIRREA. For the reasons that follow, we hold that production of the original note is not essential and affirmative defenses do not require administrative…
2Cases cited13 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Kaiser Aluminum & Chemical Corp. v. BonjornoSupreme Court of the United States · 1990
- National Union Fire Insurance Company of Pittsburgh, Pa v. City SavingsCourt of Appeals for the Third Circuit · 1994
- Barbara Ronda Meliezer, Wife Of/and Karl A. Loetzerich v. Resolution Trust Company, as Receiver for Home Savings and Loan AssociationCourt of Appeals for the Fifth Circuit · 1992
- Rosa v. Resolution Trust CorporationCourt of Appeals for the Third Circuit · 1991
8 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Securities and Exchange Commission v. Kevin Michael McCarthy Thomas William BlodgettCourt of Appeals for the Ninth Circuit · 2003
- UMLIC-Nine Corp. v. Lipan Springs Development Corp.Court of Appeals for the Tenth Circuit · 1999
- Bolduc v. Beal Bank, SSBCourt of Appeals for the First Circuit · 1999
- American First Federal, Inc. v. Lake Forest Park, Inc.Court of Appeals for the Eleventh Circuit · 1999
- Federal Deposit Insurance v. Lacentra Trucking, Inc.Court of Appeals for the Eleventh Circuit · 1998
29 more not listed; retrieve them via the Exa API.