Rifkin

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 damages for misrepresentations made in" connection with Southwest’s sale of condominiums to Brookside. The RTC and the individual defendants moved for summary judgment under the doctrine of D’Oench, Duhme & Co. v. FDIC, 315 U.S. 447 , 62 S.Ct. 676 , 86 L.Ed. 956 (1942), and under 12 U.S.C. § 1823 (e). The district court granted the RTC.’s motion, and Brook-side appeals. We affirm in part and reverse in part.

*492 FACTS

For the purposes of reviewing the summary judgment, we summarize the facts as follows.

Brookside is a California limited partnership formed to acquire, hold, and sell 28 units in the Brookside Condominiums in Mesa, Arizona. In June 1986, Brookside bought the 28 condominium units from Southwest,' in reliance on representations made by Anita Rifkin and Frederick Weaver, both senior vice presidents of Southwest.

Three months before the sale, in March 1986, Rifkin wrote a letter on behalf of…