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AMERICAN BANK & TRUST OF COUSHATTA v. F.D.I.C.

No. 94-40377.

49 F.3d 1064 (1995)

AMERICAN BANK & TRUST OF COUSHATTA, et al., Plaintiffs-Appellants, v. FEDERAL DEPOSIT INSURANCE CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 5, 1995.

Attorney(s) appearing for the Case

John S. Hodge, Randall Stephen Davidson, Davidson, Nix, Arceneaux, Jones & Askew, Shreveport, LA, for appellants.

S. Lyane Lee, David S. Rubin, Kantrow, Spaht, Weaver & Blitzer, Baton Rouge, LA, for appellee.

Before HIGGINBOTHAM, SMITH and PARKER, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The issue in this case is the meaning of "good faith" under the Civil Code of Louisiana. Participants in a loan participation argue that the FDIC breached the duty of a lead bank to act in good faith. They contend that the duty of good faith is breached by gross fault, by negligence, or even by violations of the Golden Rule. The district court rejected these definitions, and found a failure of proof of malice in the record and...

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