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.

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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* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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.