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FEDERAL DEPOSIT INS. CORP. v. OAKLAWN APARTMENTS

No. 91-6015.

959 F.2d 170 (1992)

FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for Vernon Savings and Loan Association, FSA, Plaintiff-Appellee, v. OAKLAWN APARTMENTS, a California general partnership and its general partners; David T. Starr; Cynthia A. Starr; Keith D. Starr; Mary Lou Starr; Johnny N. Robertson, as personal representative of the estates of James N. Robertson and Clella A. Robertson; Johnny N. Robertson; Angela O. Robertson; Dan Young; Janet Young; Gary Young; Lola J. Young; Richard B. Adams; Donna L. Adams; Tommy J. Brown; Clarice E. Brown; 1414 Partnership, an Oklahoma corporation; Solon Automated Services, Inc., a Delaware corporation; Wanda Cavel, County Treasurer of Comanche County; Board of County Commissioners of Comanche County, Oklahoma, Defendants, and James A. Reep; Fatima J. Reep; Zan F. Calhoun, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

March 17, 1992.

Attorney(s) appearing for the Case

Robert W. Dace and Michael F. Lauderdale of McAfee & Taft, Oklahoma City, Okl., for defendants-appellants.

Eric A. Overby of Arter & Hadden, Oklahoma City, Okl., for plaintiff-appellee.

Before McKAY, Chief Judge, TACHA and BALDOCK, Circuit Judges.

BALDOCK, Circuit Judge.

Defendants-appellants James A. Reep, Fatima J. Reep and Zan F. Calhoun appeal a summary judgment in favor of Plaintiff-appellee Federal Deposit Insurance Corporation. Appellants contend that the service of process was insufficient and that the district court lacked personal jurisdiction. The district court never reached these issues as it concluded that Appellants had waived the defenses. Our jurisdiction is under 28 U.S.C. § 1291, and...

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