Brookside Associates v. Rifkin

49 F.3d 490 63 USLW 2546 BROOKSIDE ASSOCIATES, a California limited partnership; Douglas F. McRae, and Chad R. Turner, Plaintiffs-Appellants, v. Michael RIFKIN, husband, and Anita Rifkin, wife; Frederick Weaver, husband, and Denise Weaver, wife; Resolution Trust Corporation, as receiver for Southwest Savings and Loan Association, Defendants-Appellees. No. 93-15048. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 17, 1994. Withdrawn from Submission April 20, 1994. Resubmitted Oct. 26, 1994. Decided Feb. 21, 1995. Burton v. McCullough, Los Angeles, CA, for plaintiffs-appellants. Michael W. Wright, McCabe, O'Donnell & Wright, Phoenix, AZ and Jeffrey Ehrlich, Resolution Trust Corp., Washington, DC, for defendants-appellees. Appeal from the United States District Court for the District of Arizona. Before: D.W. NELSON, BOOCHEVER, and BEEZER, Circuit Judges. BOOCHEVER, Circuit Judge: 1 Brookside Associates ("Brookside"), a limited partnership, and its two general partners filed suit for fraud against the Resolution Trust Corporation ("RTC"), as receiver for Southwest Savings and Loan Association ("Southwest"), and two of Southwest's former officers, seeking…