GREATER SLIDELL AUTO AUC. INC. v. AMERICAN BANK & TRUST, CO.

No. 93-3443.

38 F.3d 180 (1994)

GREATER SLIDELL AUTO AUCTION, INC. and Rebecca Toblin Slocum, Plaintiffs-Appellants, v. AMERICAN BANK & TRUST CO. OF BATON ROUGE, LA., et al., Defendants. FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver for American Bank & Trust Co., Defendant-Appellee, v. Joseph M. SLOCUM, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 7, 1994.


Attorney(s) appearing for the Case

Chester J. Caskey, Baton Rouge, LA, for appellant.

Daniel G. Lonergan, F.D.I.C., Washington, DC, Paul S. West, and R. Marshall Grodner, McGlinchey, Stafford & Lang, Baton Rouge, LA, for appellee.

Before ALDISERT, REYNALDO G. GARZA and DUHÉ, Circuit Judges.


ALDISERT, Circuit Judge, dissenting:

The majority opinion in this case was filed on September 23, 1994, stating that I would dissent and assign written reasons. Greater Slidell Auto Auction, Inc. v. American Bank & Trust Co., 32 F.3d 939 (5th Cir.1994). Because I do not believe that a lawsuit pending in a state court at the time the FDIC is appointed receiver for a failed bank satisfies FIRREA's statutory requirement of...

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