First Natl Bank v. Braintree Inc

UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 95-30315
__________________
FIRST NATIONAL BANK; HIBERNIA NATIONAL BANK,
HIBERNIA NATIONAL BANK, AS SUCCESSORS
IN INTEREST FOR FIRST NATIONAL BANK,
Plaintiffs,
and
FEDERAL DEPOSIT INSURANCE CORPORATION,
as Receiver for First National Bank,
Plaintiff-Appellee,
versus
BRAINTREE INC; KERMIT L ROUX, JR;
and KATHRYN FELT ROUX;
Defendants-Appellants.
______________________________________________
Appeal from the United States District Court for the
Eastern District of Louisiana
(94-CV-1544-S)
______________________________________________
February 15, 1996
Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM:*
After considering the record and briefs in this appeal, we
affirm for the following reasons:
*
Pursuant to Local Rule 47.5, the court has determined that this
opinion should not be published and is not precedent except under
the limited circumstances set forth in Local Rule 47.5.4.
1. The Federal Deposit Insurance Company (FDIC) reacquired
the note which it originally transferred to Hibernia National Bank;
and
2. The note reacquired by the FDIC was a part of a bulk sale
originally conducted by the FDIC.
Under such circumstances, Louisiana's litigious redemption
statute is not applicable. See Moss v. Coury, 613 So.2d 270 (La.
Ct. App. 1992); Peoples Homestead Federal Bank and Trust v. Laing,
637 So.2d 604 (La. Ct. App. 1994).
AFFIRMED.
2