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DIBIDALE OF LOUISIANA v. AMERICAN BANK & TRUST CO.

Nos. 89-3601, 90-3400.

916 F.2d 300 (1990)

DIBIDALE OF LOUISIANA, INC., Plaintiff-Appellant, v. AMERICAN BANK & TRUST COMPANY, NEW ORLEANS, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 6, 1990.

Attorney(s) appearing for the Case

James F. Willeford, Gordon P. Serou, Jr., John H. Ryan, New Orleans, La., for plaintiff-appellant.

C. Berwick Duval, Jr., Sidney C. Sundbery, Houma, La., for First Nat. Bank of Houma.

Robert S. Rooth, Corinne Ann Morrison, Robert G. Coury, E. Howell Crosby, Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, La., for American Bank & Trust and Allen Frederic, Jr.

Donna D. Fraiche, Sandra A. Vujnovich, Fred J. Cassibry, Jack P. Brook, Brook, Morial, Cassibry, Fraiche & Pizza, New Orleans, La., for Whitmore.

Before POLITZ, JOLLY, and JONES, Circuit Judges.

POLITZ, Circuit Judge:

Dibidale of Louisiana, Inc. appeals an adverse summary judgment dismissing its complaint that American Bank & Trust and the First National Bank of Houma illegally tied its approval for a loan to its use of a contractor of American Bank's choosing, in violation of the Bank Holding Company Act (BHCA), 12 U.S.C. § 1971 et seq. Finding that the BHCA, unlike general antitrust statutes, does not include a coercion element, we vacate...

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