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F.D.I.C. v. McFARLAND

No. 99-30756.

243 F.3d 876 (2001)

FEDERAL DEPOSIT INSURANCE CORP., Plaintiff, v. Rory S. McFARLAND, et al., Defendants. Texaco, Inc., Defendant-Third Party Plaintiff, v. Premier Venture Capital Corp.; David L. Jump, Third Party Defendants-Appellees, v. Dennis Joslin Co., L.L.C., Movant-Appellant.

United States Court of Appeals, Fifth Circuit.

Revised March 29, 2001.

Attorney(s) appearing for the Case

Mark C. Landry, Newman, Mathis, Brady, Wakefield & Spedale, Metairie, LA, Stephen F. Chiccarelli, Emile C. Rolfs, III, Michael Allen Crawford, Breazeale, Sachse & Wilson, Baton Rouge, LA, Daniel Ryan Sartor, Jr., Snellings, Breard, Sartor, Inabnett & Trascher, Monroe, LA, Edward K. White (argued), Franklin, TN, for Movant-Appellant.

Paul Mark Adkins, Blanchard, Walker, O'Quin & Roberts, Shreveport, LA, for Premier Venture Capital Corp.

Scott C. Sinclair (argued), Hargrove, Pesnell & Wyatt, Shreveport, LA, for Jump.

Before JOLLY, HIGGINBOTHAM and EMILIO M. GARZA, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This appeal turns in part on whether the Federal Deposit Insurance Corporation (FDIC) as receiver must abide by Louisiana reinscription rules to preserve its liens. The district court determined that the mortgage and assignment held by the assignee of the FDIC, the Dennis Joslin Company ("Joslin"), lost priority status because of the FDIC's failure to reinscribe the mortgage within...

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