U.S. Court of Appeals for the Eleventh Circuit, 1995

George R. Bender v. Centrust Mortgage Corporation, a California Corporation, Resolution Trust Corporation, Conservator/receiver for Centrust Bank

George R. Bender v. Centrust Mortgage Corporation, a California Corporation, Resolution Trust Corporation, Conservator/receiver for Centrust Bank
U.S. Court of Appeals for the Eleventh Circuit · Decided August 11, 1995 · Carnes, Dyer, Guy, Per Curiam
60 F.3d 1507; 1995 U.S. App. LEXIS 21683; 1995 WL 443889 (Federal Reporter, Third Series)

George R. Bender v. Centrust Mortgage Corporation, a California Corporation, Resolution Trust Corporation, Conservator/receiver for Centrust Bank

Opinion

PER CURIAM:

On Appellant Bender’s Petition for Rehearing, we modify the opinion in this case by deleting the last sentence in the first paragraph on page 1973 which reads:

Count XI fails to allege the basic elements necessary for a constructive trust: specific property as the res, and fraud by the defendant in obtaining plaintiffs property.

In all other respects the Petition for Rehearing is denied.

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