U.S. v. HIBERNIA NAT. BANK

No. 88-3406.

882 F.2d 961 (1989)

UNITED STATES of America, Plaintiff, v. HIBERNIA NATIONAL BANK, Defendant-Third Party Plaintiff-Appellant-Cross Appellee, v. Joseph M. RAULT, Jr., Third Party Defendant-Appellee-Cross Appellant.

United States Court of Appeals, Fifth Circuit.

September 8, 1989.


Attorney(s) appearing for the Case

Clarence F. Favret, Favret, Favret, Damarest & Russo, New Orleans, La., for defendant-third party plaintiff-appellant-cross-appellee.

John R. Martzell, Jane C. Ettinger, Joseph Rault, Jr., New Orleans, La., for third party defendant-appellee-cross-appellant.

Before ALDISERT, REAVLEY, and HIGGINBOTHAM, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

Both parties appeal from the district court's order on remand finding Joseph Rault, Jr. personally liable to Hibernia National Bank for $139,138.18, part of a sum that Hibernia erroneously credited to Rault Petroleum Corporation's account. Rault disputes liability, arguing that the trial court erred by finding that he had a duty to escrow the remaining overcredit funds once he discovered the error. Hibernia contends that the...

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