RESOLUTION TRUST CORP. v. EITMANN

No. 91-3583.

995 F.2d 541 (1993)

RESOLUTION TRUST CORPORATION as Receiver for Security Homestead Federal Savings and Loan Association, Plaintiff-Appellee, v. John J. EITMANN, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 15, 1993.


Attorney(s) appearing for the Case

Winthrop G. Gardner, New Orleans, for defendant-appellant.

Sidney M. Bach, Bach & Wasserman, Metairie, LA, L. Marlene Quarles, Travis J. Causey, Jr., Paul J. Mirabile, Middleberg, Riddle & Gianna, New Orleans, LA, for plaintiff-appellee.

Before KING, HIGGINBOTHAM, and DeMOSS, Circuit Judges.


PER CURIAM:

Defendant John J. Eitmann, Jr. appeals an adverse summary judgment in Security Homestead Association's suit to assess a deficiency judgment against him and to enforce that judgment against property which Eitmann owns. Concluding that the trial court erred in entering summary judgment and that a third party needs to be brought in to adequately determine the rights of all parties in this proceeding, we vacate the summary judgment and remand for further proceedings...

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