Atrium II Ltd. Partnership, In re

Decision Date11 May 1995
PartiesIn re Atrium II Limited Partnership, Resolution Trust Corporation, as Conservator for Homefed Bank, F.A., Bank of America National Trust and Savings Association v. Fidelity Bank, N.A., James J. Cain, Atrium II Limited Partnership NO. 94-5684
CourtU.S. Court of Appeals — Third Circuit

Appeal From: D.N.J., No. 94-1192,

Gerry, J.

AFFIRMED.

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3 cases
  • Rtc Mortg. Trust 1994 N-1 v. Fidelity Nat. Title
    • United States
    • U.S. District Court — District of New Jersey
    • July 29, 1999
    ... ... general and limited partners in Mount Laurel Associates ("MLA"), a Pennsylvania limited partnership. See Plaintiff's Rule 56.1 Statement of Undisputed Fact (filed Dec. 14, 1998), ¶ 6, 8 ... County, also known as Parcel 2 (the "Property"), was constructed an office building called Atrium II. See Pl. R. 56.1 (Cts.IV-V), ¶ 7; see also Certification of John A. Adler, Esq., in Support ... "The Third Circuit affirmed this decision in August, 1995." Id.; see also In re Atrium II Ltd. Partnership, 60 F.3d 816 (3d Cir.1995) (mem.); Pl. R. 56.1 (Cts.IV-V), ¶¶ 25-34 (summarizing ... ...
  • Rtc Mortg. Trust 1994 N-1 v. Fidelity Nat. Title
    • United States
    • U.S. District Court — District of New Jersey
    • October 20, 1997
    ... ... years before Plaintiff was able to assume priority among the creditors of a failed land partnership. Ultimately, the alleged negligence resulted in Plaintiff's recoupment of about a third of its ... lender/mortgagee was Home Federal Savings & Loan Association ("HomeFed"), which loaned Atrium II Limited Partnership ("Atrium II"), a Delaware limited partnership, $13.5 million. Id. at ¶¶ ... The Third Circuit affirmed this decision. See id. at ¶¶ 17-19; see also In re Atrium II Ltd. Partnership, 60 F.3d 816 (3d Cir.1995) (mem.). This litigation then ensued ... ...
  • Rtc Mortg. Trust 1994 v. Fidelity Nat. Title Ins.
    • United States
    • U.S. District Court — District of New Jersey
    • August 14, 1998
    ...in August, 1995. See Plaintiff's Statement of Facts at ¶ 12; Defendant's Statement of Facts at ¶ 8; see also In re Atrium II Ltd. Partnership, 60 F.3d 816 (3d Cir.1995) (mem.); see also Certification of Michael S. Miller ¶ 16 & Exh. 14 (dated Nov. 11, 1997) (hereinafter Miller Certif.) (sum......

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