Federal Savings and Loan Insurance Corporation v. Gemini Management

921 F.2d 241 FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION, as Receiver for Centennial Savings and Loan Association, a corporation, Plaintiff-Appellee, v. GEMINI MANAGEMENT; Robert W. O'Neel, aka R.W. O'Neel; Ellen W. O'Neel, aka Ellen O'Neel, aka Mrs. Robert W. O'Neel, Defendants-Appellants. No. 89-15662. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 5, 1990. Decided Dec. 21, 1990. Andrew A. August, Bayer & August, San Francisco, Cal., for defendants-appellants. Joseph N. Demko and Robert B. Kaplan, Frandzel & Share, San Francisco, Cal., for plaintiff-appellee. Appeal from the United States District Court for the Northern District of California. Before BROWNING, PREGERSON and TROTT, Circuit Judges. TROTT, Circuit Judge: 1 The Federal Savings and Loan Insurance Corporation (the "FSLIC") was appointed receiver for Centennial Savings and Loan Association ("Centennial"), and filed suit against Gemini Management Corporation ("Gemini"), Robert W. O'Neel, and Ellen W. O'Neel 1 on a promissory note and a personal guaranty agreement. Gemini asserted counterclaims and affirmative defenses based on a prior loan commitment letter. The district court…