WHITNEY NAT. BANK v. DEMAREST

No. 91-3029.

947 F.2d 182 (1991)

WHITNEY NATIONAL BANK, Plaintiff-Appellant, Cross-Appellee, v. Francis J. DEMAREST, Jr., Recorder of Mortgages, Parish of Orleans, Defendant, Resolution Trust Corporation Conservator of Fountainebleau Federal Savings Bank, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

November 18, 1991.


Attorney(s) appearing for the Case

Talmage M. Watts, F. Frank Fontenot, Edward J. Pointer, Jay Corenswet, Milling, Benson, Woodward, Hillyer, Pierson & Miller, New Orleans, La., for plaintiff-appellant, cross-appellee.

Ann Horton-Breaux, R. Patrick Vance, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, La., for defendant-appellee, cross-appellant.

Before KING, JOHNSON and EMILIO M. GARZA, Circuit Judges.


KING, Circuit Judge:

This case is an action to rank competing liens between Whitney National Bank ("Whitney") and the Resolution Trust Corporation ("RTC"), as receiver (formerly conservator) of Fountainebleau Federal Savings Bank ("Fountainebleau"). Whitney appeals from a summary judgment by the district court holding that the promissory note held by Whitney had prescribed, thus extinguishing its accessory vendor's lien. We find that summary judgment was appropriately...

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