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BERGER v. FIRST FEDERAL SAV. AND LOAN ASS'N

No. 86-3292.

824 F.2d 400 (1987)

Darryl D. BERGER, et al., Plaintiffs-Appellants, v. FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF WARNER ROBINS, GEORGIA, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 18, 1987.

Attorney(s) appearing for the Case

B. Franklin Martin, III, Marie A. Moore, Maureen O'Connor Sullivan, McGlinchey, Stafford, Mintz, Cellini & Lang, New Orleans, La., for plaintiffs-appellants.

David K. Fox, Russ M. Herman, Robert C. Wallace, Sidney A. Cotlar, New Orleans, La., for defendants-appellees.

Before THORNBERRY, REAVLEY, and POLITZ, Circuit Judges.

POLITZ, Circuit Judge:

In this diversity jurisdiction action which was removed from state court, Darryl Berger and David R. and Judith Fos Burrus appeal the Fed.R.Civ.P. 12(b)(6) dismissal of their petition claiming damages for a priming creditor's alleged wrongful seizure of property under the Louisiana executory process procedures. Agreeing with the district court that the complaint does not state a claim cognizable under Louisiana law, we affirm.

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