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ALBUQUERQUE FEDERAL S&L ASS'N v. DEVILLE

No. CW 91 2188.

615 So.2d 1002 (1993)

ALBUQUERQUE FEDERAL SAVINGS & LOAN ASSOCIATION v. Dalton Pierce DEVILLE, Jr.

Court of Appeal of Louisiana, First Circuit.

Writ Denied May 14, 1993.

Attorney(s) appearing for the Case

Gerald O. Salassi, IV, Metairie, for plaintiff-appellant Resolution Trust Corp.

Robin Nesbitt, Baton Rouge, for Billy Pruett-appellee.

David Dirks, Baton Rouge, for James Chadwick, et al.-appellee.

Kevin Patrick Monahan, Baton Rouge, for Randall Blackwell, et al.-appellee.

Jerry F. Pepper, Baton Rouge, for defendant-Dalton Pierce Deville, Jr.

A. Edward Hardin, Baton Rouge, for Roger Deville-appellee.

David E. Stanley, Baton Rouge, for appellee.

Don R. Beard, Baton Rouge, for appellee.

Anna C. Simmons, Baton Rouge, for appellee.

Before LOTTINGER, C.J., and FOIL and FOGG, JJ.

FOIL, Judge.

In this action to enforce promissory notes executed by 41 makers, we are asked to determine whether the makers are precluded by the operation of federal law from asserting defenses to payment against the Resolution Trust Corporation (RTC). Because we find material issues of fact exist in this case regarding the ability of the makers to assert the defenses, we affirm the trial court's refusal to grant RTC's...

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