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BERNHARD v. WHITNEY NAT. BANK

No. 07-30464.

523 F.3d 546 (2008)

Barry BERNHARD; Sheryle Bernhard, Plaintiffs-Appellees, v. WHITNEY NATIONAL BANK, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 2, 2008.

Attorney(s) appearing for the Case

Robert M. Marionneaux, Barrett David Burkart (argued), Unglesby Law Firm, Baton Rouge, LA, for the Bernhards.

Brett P. Furr (argued), Elisabeth C. Quinn, Taylor, Porter, Brooks & Phillips, Baton Rouge, LA, for Whitney Nat. Bank.

Before JOLLY, BARKSDALE and BENAVIDES, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

This case was birthed in Louisiana state court by Barry and Sheryle Bernhard. It was adopted by the Middle District of Louisiana when the defendants, Capital One and Whitney National Bank, removed it on the basis of a federal question. Whitney appeals a split-the-baby decision of the district court, granting summary judgment in Whitney's favor on the federal claim, yet remanding the state claims. Because we hold that, under the unusual...

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