Franklin Financial, a New Jersey General Partnership v. Resolution Trust Corporation, Receiver of Benjamin Franklin Federal S & L Assoc., Franklin Financial, a New Jersey General Partnership v. Resolution Trust Corporation, Individually and in Its Capacities as Conservator and Receiver of Benjamin Franklin Savings and Loan, (Two Cases.) Franklin Financial, a New Jersey General Partnership v. Resolution Trust Corporation, Individually and in Its Capacities as Conservator and Receiver of Benjamin Franklin Savings and Loan

53 F.3d 268 FRANKLIN FINANCIAL, a New Jersey general partnership, Plaintiff-Appellee, v. RESOLUTION TRUST CORPORATION, Receiver of Benjamin Franklin Federal S & L Assoc., Defendant-Appellant. FRANKLIN FINANCIAL, a New Jersey general partnership, Plaintiff-Appellant, v. RESOLUTION TRUST CORPORATION, individually and in its capacities as conservator and receiver of Benjamin Franklin Savings and Loan, Defendant-Appellee. (Two Cases.) FRANKLIN FINANCIAL, a New Jersey general partnership, Plaintiff-Appellee, v. RESOLUTION TRUST CORPORATION, individually and in its capacities as conservator and receiver of Benjamin Franklin Savings and Loan, Defendant-Appellant. Nos. 93-35699, 93-35777, 94-35153 and 94-35235. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 10, 1995. Decided April 24, 1995. 1 Dennis S. Klein, Hughes, Hubbard & Reed, Washington, DC, William R. Turnbow, Hershner, Hunter, Moulton, Andrews & Neill, Eugene, OR, for defendant-appellant-cross-appellee. 2 Barnes H. Ellis, Stoel, Rives, Boley, Jones & Grey, Portland, OR, for plaintiff-appellee-cross-appellant. 3 Appeals from the United States District Court for the District of Oregon. 4…