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USX CORP. v. CHAMPLIN

No. 92-4796.

992 F.2d 1380 (1993)

USX CORP., Plaintiff-Appellee, v. H.H. CHAMPLIN, et al., Defendants-Appellants. GLADSTONE DEVELOPMENT CORP., Plaintiff-Appellant, v. USX CREDIT CORP., A DIVISION OF USX CORP., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 31, 1993.

Attorney(s) appearing for the Case

Charles C. Trascher, III, Snellings, Breard, Sartor, Inabnett, Trascher, Monroe, LA, for Champlin.

Robert A. Lecky, Voorhies & Labbe, Lafayette, LA, for Gladstone.

Lawrence L. Lewis, III, Timothy J. McNamara, Onebane, Donohoe, Bernard, Torian, Diaz, McNamara & Abott, Lafayette, LA, for plaintiff-appellee.

Before WISDOM, GARWOOD, and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This appeal comes from the trial of two cases consolidated for trial. The first case was a suit for declaratory judgment by USX Corporation against H.H. Champlin and the FDIC to declare Champlin's remedy as the holder of a second mortgage extinguished when USX foreclosed its first mortgage without giving Champlin notice. Champlin had not requested notice under a Louisiana statutory procedure nor contracted for notice in subordinating...

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