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RESOLUTION TRUST CORP. v. USF&G CO.

No. 94-30199.

27 F.3d 122 (1994)

RESOLUTION TRUST CORPORATION, as Receiver for Pelican Homestead and Savings Association, Plaintiff-Appellant, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 27, 1994.

Attorney(s) appearing for the Case

George Denegre, Jr., John C. Anjier, Liskow & Lewis, New Orleans, LA, and Ike Spears and Van B. Mathews, Spears & Spears, Shreveport, LA, for appellant.

Richard Scott Thomas, Lane, Fertitta, Lane & Tullos, Baton Rouge, LA, for appellee.

Before KING, HIGGINBOTHAM and BARKSDALE, Circuit Judges.

PER CURIAM:

We consider the motion of the Resolution Trust Corporation ("RTC") to dismiss its own appeal in this case removed from Louisiana state court. Concluding that the partial summary judgment entered in the state court was not appealable under Louisiana law and is not appealable under federal law, we DISMISS the appeal.

I. BACKGROUND

In April 1988, Pelican Homestead and Savings Association ("Pelican") filed suit in Louisiana state court against...

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