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:

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.