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MARKETPLACE/KEN CARYL PARTNERS v. VICTORIO INV. CO.

Civ. A. No. 91-B-14.

778 F.Supp. 29 (1991)

MARKETPLACE/KEN CARYL PARTNERS, LTD., Plaintiff, v. VICTORIO INVESTMENT COMPANY, LTD., and the Resolution Trust Corporation, as Conservator for Gem City Federal Savings & Loan Association, Defendants.

United States District Court, D. Colorado.

As Amended December 19, 1991.

Attorney(s) appearing for the Case

James A. Halpin, Chesteen & Halpin, Littleton, Colo., for plaintiff.

Charles R. Ledbetter, Cooper & Kelley, P.C., Denver, Colo., for Victorio Inv. Co., Ltd.

Ann S. Irwin, Hecox, Tolley, Keene & Beltz, P.C., Colorado Springs, Colo., for Resolution Trust Corp.

MEMORANDUM OPINION AND ORDER

BABCOCK, District Judge.

Defendant the Resolution Trust Corporation (RTC), as Receiver for Gem City Federal Savings & Loan Association, moves to dismiss for lack of subject matter jurisdiction or, in the alternative, for summary judgment. Because plaintiff Marketplace/Ken Caryl Partners, Ltd. (Marketplace) has failed to exhaust the required administrative remedies, I grant the motion to dismiss for lack of subject matter...

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