Resolution Trust Corporation, in Its Capacity as Receiver of Midwest Federal Savings Bank of Minot, Counter-Defendants/appellants v. Midwest Federal Savings Bank of Minot, a Federally Chartered Savings Association, as Trustee Centennial Estates, Inc. La Plata Investors John F. Nolan Gregory M. Beck Gerald G. Wilson Tmkb Associates John S. Tighe William D. McBrearty Michael J. Kiley, and Orangegate Investors, a California Limited Partnership, Counter-Claimant/appellee. Resolution Trust Corporation, in Its Capacity as Receiver of Midwest Federal Savings Bank of Minot v. Midwest Federal Savings Bank of Minot, a Federally Chartered Savings Association, as Trustee, and Orangegate Investors Centennial Estates, Inc. La Plata Investors John F. Nolan Gregory M. Beck Tmkb Associates Gerald G. Wilson Main St. Investors Royce T. Breazeale, Jr. Michael J. Kiley

36 F.3d 785 RESOLUTION TRUST CORPORATION, in its capacity as Receiver of Midwest Federal Savings Bank of Minot; et al., Counter-Defendants/Appellants, v. MIDWEST FEDERAL SAVINGS BANK OF MINOT, a federally chartered savings association, as Trustee; Centennial Estates, Inc.; La Plata Investors; John F. Nolan; Gregory M. Beck; Gerald G. Wilson; TMKB Associates; John S. Tighe; William D. McBrearty; Michael J. Kiley, et al., Defendants, and Orangegate Investors, a California limited partnership, Counter-Claimant/Appellee. RESOLUTION TRUST CORPORATION, in its capacity as Receiver of Midwest Federal Savings Bank of Minot, Plaintiff-Appellee, v. MIDWEST FEDERAL SAVINGS BANK OF MINOT, a federally chartered savings association, as Trustee, Defendant, and Orangegate Investors; Centennial Estates, Inc.; La Plata Investors; John F. Nolan; Gregory M. Beck; TMKB Associates; Gerald G. Wilson; Main St. Investors; Royce T. Breazeale, Jr.; Michael J. Kiley, et al., Defendants-Appellants. Nos. 91-56300, 92-55350. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 6, 1993. Decided Sept. 21, 1993. Amended Sept. 23, 1994. J. Michael Schwartz, Popham, Haik, Schnobrich &…