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RESOLUTION TRUST CORP. v. COLORADO 126 PARTNERSHIP

No. 90-B-698.

746 F.Supp. 35 (1990)

The RESOLUTION TRUST CORPORATION as Receiver for First Federal Savings and Loan Association of Colorado Springs, Plaintiff, v. The COLORADO 126 PARTNERSHIP, a Colorado General Partnership; Ariz., Inc., a Delaware corporation, a general partner of The Colorado 126 Partnership; M.B.H. Enterprises, Inc., an Illinois corporation, a general partner of The Colorado 126 Partnership; R & T Investments, Inc., an Arizona corporation, a general partner of The Colorado 126 Partnership; Frederick Quinn, a general partner of The Colorado 126 Partnership and individually; James Grier, a general partner of The Colorado 126 Partnership and individually; Dennis P. Ciechna, a general partner of The Colorado 126 Partnership and individually; Patrick Stanton, a general partner of The Colorado 126 Partnership and individually; Jack E. Jepsen, individually; Mickey H. Howell, individually; Richard A. Gruse, individually; Marksheffel Associates, a Colorado General Partnership; Lowell C.E. Ing, a general partner of Marksheffel Associates and individually; Gerry Nakata, a general partner of Marksheffel Associates and individually; James Nakai, a general partner of Marksheffel Associates and individually; Robert T. Irwin, a general partner of Marksheffel Associates and individually; and Jerry Grage, individually, Defendants.

United States District Court, D. Colorado.

September 24, 1990.

Attorney(s) appearing for the Case

Thomas D. Gresham, Gresham & Travis, Colorado Springs, Colo., for plaintiff.

Kenneth Sparks, Brenda L. Bartels, Sparks, Dix, Enoch & Winslow, P.C., Colorado Springs, Colo., for defendants.

MEMORANDUM OPINION AND ORDER

BABCOCK, District Judge.

Before me is defendant Dennis P. Ciechna's motion to set aside entry of default. Oral argument was held on September 21, 1990. For the reasons set forth below, the motion is denied.

I. FACTS

On December 11, 1987 the First Federal Savings and Loan Association of Colorado Springs (the S & L) loaned $1,940,000 to the Colorado 126 partnership. Defendant Dennis P. Ciechna (Ciechna) signed...

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