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HEATON v. MONOGRAM CREDIT CARD BANK OF GA

No. 2001-CA-1415.

818 So.2d 240 (2002)

Patricia HEATON, v. MONOGRAM CREDIT CARD BANK OF GEORGIA.

Court of Appeal of Louisiana, Fourth Circuit.

April 10, 2002.

Attorney(s) appearing for the Case

M.H. Gertler, Louis L. Plotkin, Rodney P. Vincent, Gertler, Gertler, Vincent & Plotkin, and Todd R. Slack Gainsburgh, Benjamin, David, Meunier & Warshauer New Orleans, LA, for Plaintiff/Appellee.

James A. Brown, K. Todd Wallace, Liskow & Lewis, New Orleans, LA, and Ann S. DuRoss, Assistant General Counsel, Colleen J. Boles, Senior Counsel, Barbara Sarshik, Counsel, Federal Deposit Insurance Corporation, Washington, DC, for Defendant/Appellant, (Federal Deposit Insurance Corporation).

(Court composed of Judge JOAN BERNARD ARMSTRONG, Judge PATRICIA RIVET MURRAY, Judge DENNIS R. BAGNERIS, SR.).

PATRICIA RIVET MURRAY, Judge.

This is an appeal from a judgment denying the Federal Deposit Insurance Corporation (the "FDIC") leave to intervene in a class action lawsuit instituted by Patricia Heaton against Monogram Credit Card Bank of Georgia ("Monogram"). The trial court denied the intervention on the grounds that the intervention would delay the progress of the case and that the FDIC does not have a "justiciable right" in the case. For the reasons that follow...

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