FIRST NAT. BANK OF LOUISVILLE v. LUSTIG

No. 91-9530 Summary Calendar.

975 F.2d 1165 (1992)

FIRST NATIONAL BANK OF LOUISVILLE, Plaintiff-Appellant, v. Loretta LUSTIG, et al., Defendants, Fidelity & Deposit Co. of Maryland, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 26, 1992.


Attorney(s) appearing for the Case

William E. Brown, Stone, Pigman, Walther, Wittmann & Hutchinson, New Orleans, La., Patrick M. Ardis, Carolyn C. Kessinger, Robert M. Johnson, and Wolff Ardis, Memphis, Tenn., for plaintiff-appellant.

Eugene R. Preaus, and T. Rose Young, Preaus, Roddy & Krebs, New Orleans, La., for defendant-appellee.

Before JONES, DUHÉ, and WIENER, Circuit Judges.


DUHÉ, Circuit Judge:

A lender sued a savings and loan association ("S & L") and its fidelity insurer for losses resulting from the dishonesty of an S & L employee. The insurer moved to dismiss on the basis that no direct action lies against it for the asserted claim. The district court granted the motion to dismiss and directed the entry of final judgment under Federal Rule of Civil Procedure 54(b). Plaintiff appeals and asks that we certify to the Louisiana...

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