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GLENBOROUGH NEW MEXICO ASSOC. v. RESOLUTION TRUST

No. Cv-91-0385 JP/RWM.

802 F.Supp. 387 (1992)

GLENBOROUGH NEW MEXICO ASSOCIATES, a California Limited Partnership; Glenborough Ocotillo Associates, a California Limited Partnership; Bos Associates, a California Limited Partnership; University Center Joint Venture, a New Mexico General Partnership; Glenborough Corporation, a California Corporation; 555 Laurel Avenue Corporation, to Glenborough Development Corporation, a California Corporation, and Fama Management, Inc., a California Corporation, Plaintiffs, v. RESOLUTION TRUST CORPORATION, as Receiver for ABQ Bank, a Federal Savings Bank, formerly known as Albuquerque Federal Savings and Loan Association; Resolution Trust Corporation as Receiver for ABQ Federal Savings Bank, a Federal Savings Bank, successor in interest to ABQ Bank; ABQ Development Corporation, a New Mexico Corporation; and Ocotillo West Joint Venture, an Arizona Partnership, Defendants.

United States District Court, D. New Mexico.

On Reconsideration July 15, 1992.

Attorney(s) appearing for the Case

George D. Giddens, Jr., Behles-Giddens Law Firm, Albuquerque, N.M., for plaintiffs.

Robert J. Muehlenweg, Christopher M. Moody, Nicholas F. Persampieri, Poole, Kelly & Ramo, Albuquerque, N.M., Dean Robert Brenner, Verner, Lupert, Bernhard, McPherson & Hand, Washington, D.C., for defendants Resolution Trust Corp. and Ocotillo West Joint Venture.

Nicholas R. Gentry, Oman, Gentry, Yntema & Stotts, David N. Hernandez, Hernandez & Holt, Albuquerque, N.M., Thomas Dethlefs, Anthony Burt, Hopkins & Sutter, Chicago, Ill., for defendant ABQ Development Corp.

MEMORANDUM OPINION AND ORDER

PARKER, District Judge.

The subjects of this memorandum opinion and order are: (1) defendant Resolution Trust Corporation's ("RTC"), as receiver for both ABQ Bank ("Old ABQ") and ABQ Federal Savings Bank ("New ABQ"), motion to dismiss, filed April 22, 1991 and defendant RTC's renewed motion to dismiss filed April 22, 1992; (2) defendant ABQ Development Corporation's ("ABQ D") motion to dismiss and for summary judgment, filed...

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