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RESOLUTION TRUST CORP. v. JOHNSON

No. 3-92 CIV 295.

844 F.Supp. 535 (1992)

RESOLUTION TRUST CORPORATION as Receiver for Midwest Savings Association, F.A., Plaintiff, v. Robert L. JOHNSON, individually, Mary A. Johnson, individually, the Prudential Insurance Company of America, the Commissioner of the Internal Revenue Service, the State of Minnesota Department of Revenue, John Doe and Mary Rowe, Defendants.

United States District Court, D. Minnesota, Third Division.

December 9, 1992.

Attorney(s) appearing for the Case

Trawick & Smith, P.A. by Leon Trawick and O'Neill, Burke, O'Neill, Leonard & O'Brien, Ltd. by Eric D. Cook, Minneapolis, MN, for plaintiff.

Fruth & Anthony, P.A. by Joseph W. Anthony, Norman J. Baer, and Margaret R. Manderfeld, Minneapolis, MN, for defendants Robert and Mary Johnson.

ORDER

ALSOP, Senior District Judge.

This matter came before the Court on October 30, 1992, on plaintiff Resolution Trust Corporation's Motion for Summary Judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Resolution Trust Corporation (the "RTC") also asks this Court for a decree of foreclosure to allow it to satisfy its judgment.

I. BACKGROUND

The defendants, Robert and Mary Johnson, own real estate ("the Property...

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