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FIDELITY & DEPOSIT CO. v. MASSEY-FERGUSON, INC.

No. 90-CA-178.

565 So.2d 1064 (1990)

FIDELITY AND DEPOSIT COMPANY OF MARYLAND v. MASSEY-FERGUSON, INC.

Court of Appeal of Louisiana, Fifth Circuit.

July 30, 1990.

Attorney(s) appearing for the Case

Richard T. Regan, Metairie, for defendant/ appellee.

Eugene R. Preaus, S. Ault Hootsell, III, Phelps, Dunbar, Marks, Claverie & Sims, New Orleans, for plaintiff/appellant.

Before BOWES, DUFRESNE and WICKER, JJ.

WICKER, Judge.

Fidelity and Deposit Company of Maryland appeals a judgment rendered against it and in favor of Massey-Ferguson, Inc. on Fidelity's suspensive appeal bond. We affirm.

Fidelity's liability is based upon the case of Texas Bank of Beaumont v. Bozorg, and the issue in that case was the ranking of competing mortgages held by Texas Bank and Massey-Ferguson. On April 19, 1982, the judge ruled in favor of Massey-Ferguson; and Texas Bank filed...

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