Opinion · Court of Appeals for the Fifth Circuit

Dibidale of Louisiana, Inc. v. American Bank & Trust Co.

941 F.2d 308

Type: Opinion
Court: Court of Appeals for the Fifth Circuit
Jurisdiction: Federal
Date: 1991-08-26
Topic: general

PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC Before POLITZ, JOLLY, and JONES, Circuit Judges.* PER CURIAM: The paragraph of the original opinion found at 916 F.2d 300, 306-07 immediately after the citation to 116 Cong.Rec. 32124, 32125, and carrying headnote 7 identification, is deleted; the following is substituted therefor: From the foregoing we conclude that in order to defend against an adverse summary judgment on its claim under 12 U.S.C. § 1972(1)(D), Dibidale need only allege and offer adequate summary judgment proof upon which the trier-of-fact could find that the hiring of Theriot was in fact a condition or requirement of its securing the desired loan from American Bank. In all other respects the opinion is REINSTATED. No judge in regular active service on the court having requested that the court be polled relative to rehearing en banc, the Suggestions for Rehearing En Banc are DENIED.

Citator

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Cited by: 2 opinions

DIBIDALE OF LOUISIANA, v. AM. BANK TRUST CO.,941 F.2d 308(5th Cir. 1991)

DIBIDALE OF LOUISIANA, INC., PLAINTIFF-APPELLANT, v. AMERICAN BANK TRUST

CO., NEW ORLEANS, ET AL., DEFENDANTS-APPELLEES.

Nos. 89-3601, 90-3400.

United States Court of Appeals, Fifth Circuit.

August 26, 1991.

James F. Willeford, Gordon P. Serou, Jr., John H. Ryan, Ryan Willeford, New Orleans, La., for plaintiff-appellant.

C. Berwick Duval, Jr., Sidney C. Sundbery, Duval, Funderburk, Sundbery Lovell, Houma, La., for First National Bank of Houma.

Donna D. Fraiche, Sandra A. Vujnovich, Fred J. Cassibry, Brook, Morial, Cassibry, Fraiche Pizza, New Orleans, La., for Whitmore Caillouet.

Appeals from the United States District Court for the Eastern District of Louisiana; Robert F. Collins, District Judge.

[1] PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

[2] (Opinion November 6, 1990, 5th Cir. 1990,916 F.2d 300)

Before POLITZ, JOLLY, and JONES, Circuit Judges.^fn*Page 309

PER CURIAM:

[3] The paragraph of the original opinion found at916 F.2d 300,306-07immediately after the citation to 116 Cong.Rec. 32124, 32125, and carrying headnote 7 identification, is deleted; the following is substituted therefor:

[4] From the foregoing we conclude that in order to defend against an adverse summary judgment on its claim under12 U.S.C. § 1972(1)(D), Dibidale need only allege and offer adequate summary judgment proof upon which the trier-of-fact could find that the hiring of Theriot was in fact a condition or requirement of its securing the desired loan from American Bank.

[5] In all other respects the opinion is REINSTATED.

[6] No judge in regular active service on the court having requested that the court be polled relative to rehearingenbanc,the Suggestions for Rehearing En Banc are DENIED.

JONES, Circuit Judge, dissents as per her dissent to the original opinion. ↩