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COPELAND v. MERRILL LYNCH & CO., INC.

No. 94-30179.

47 F.3d 1415 (1995)

Alvin C. COPELAND, et al., Plaintiffs, Alvin C. Copeland, Plaintiff-Appellant, v. MERRILL LYNCH & CO., INC., et al., Defendants, Merrill Lynch & Co., Inc., Defendant-Appellee. Alvin C. COPELAND, Plaintiff, v. AMERICA'S FAVORITE CHICKEN COMPANY, et al., Defendants. Alvin C. COPELAND, Plaintiff-Appellant, v. MERRILL LYNCH & CO., INC., et al., Defendants. Merrill Lynch & Co., Inc., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 9, 1995.

Attorney(s) appearing for the Case

Donald J. Miester, Jr., Benj. R. Slater, III, Mark E. Van Horn, Kevin M. Wheeler, New Orleans, LA, for appellant.

William R. Forrester, Jr., Lemle & Kelleher, New Orleans, LA, George J. Wade, Shearman & Sterling, New York, NY, N. Lee Cooper, James L. Goyer, III, Tony G. Miller, Maynard, Cooper, Frierson & Gale, P.C., Birmingham, AL, for appellee.

Before REYNALDO G. GARZA, DeMOSS and BENAVIDES, Circuit Judges.

DeMOSS, Circuit Judge:

In 1989, Alvin C. Copeland (Copeland), founder and franchisor of Popeye's Famous Fried Chicken decided to acquire competitor Church's Fried Chicken. After an acquisition and merger, the emerging company, Al Copeland Enterprises, Inc. (ACE), was the obligor on loans in the amount of $173 million from Merrill Lynch and $300 million from Canadian Imperial Bank of Commerce, Inc. (CIBC). Financial difficulties ensued, and ACE defaulted on the obligations...

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