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REW ENTERPRISES, INC. v. PREMIER BANK, N.A.

No. 93-3829.

49 F.3d 163 (1995)

REW ENTERPRISES, INC. as Receiver for Federal Land Bank of Jackson, Plaintiff-Appellee, Cross-Appellant, v. PREMIER BANK, N.A., f/k/a Ouachita National Bank, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Suggestion for Rehearing Denied April 27, 1995.

Attorney(s) appearing for the Case

R. Patrick Vance, Andrew R. Lee, Jones, Walker, Waechter, Poitevent, Carrére & Denégre, New Orleans, for appellant.

Jean M. Sweeney, William C. Gambel, J. Timothy Betbeze, Milling, Benson, Woodward, Hillyer, Pierson & Miller, New Orleans, for appellee.

Before POLITZ, Chief Judge, and HIGGINBOTHAM and DeMOSS, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied April 27, 1995.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The Farm Credit Bank of Texas seeks to recover a payment made by the Federal Land Bank of Jackson to Premier Bank.1 FCBT seeks to rescind the payment transaction as ultra vires or as payment of a thing not due under Louisiana law. Premier claims that FCBT is equitably estopped from relying on an ultra vires claim. Premier...

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