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AMERICAN NAT. INS. CO. v. HELLER FINANCIAL, INC.

No. 91-9508.

989 F.2d 854 (1993)

AMERICAN NATIONAL INSURANCE COMPANY, Plaintiff-Appellant, v. HELLER FINANCIAL, INC., Intervenor-Appellee, v. BELLEMONT COMMERCIAL INVESTMENT CORPORATION, et al., Defendants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 7, 1993.

Attorney(s) appearing for the Case

Victor A. Sachse, III, James E. Toups, Jr., Breazeale, Sachse & Wilson, Baton Rouge, LA, Rader Jackson, Shushan, Meyer, Jackson & McPherson, New Orleans, LA, for plaintiff-appellant.

John Landis, Joseph L. Caverly, Dorothy H. Wimberly, Stone, Pigman, Walther, Wittmann & Hutchinson, New Orleans, LA, for intervenor-appellee.

Before POLITZ, Chief Judge, SMITH and BARKSDALE, Circuit Judges.

POLITZ, Chief Judge:

American National Insurance Company appeals an adverse summary judgment holding that a mortgage held by Heller Financial, Inc. primed its mortgage. For the reasons assigned, we affirm.

Background

On April 15, 1977 Bellemont Commercial Investment Corporation gave a promissory note to American National for $5,250,000, secured by a first mortgage on certain properties owned by Bellemont. The promissory note was duly paraphed...

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