Legal Opinion

Dibidale of Louisiana, Inc. v. American Bank & Trust Company, New Orleans

Court of Appeals for the Fifth Circuit

Decided November 6, 1990No. 89-3601, 90-3400PublishedCited by 40 opinions

1Opinion of the Court

POLITZ, Circuit Judge:

Dibidale of Louisiana, Inc. appeals an adverse summary judgment dismissing its complaint that American Bank & Trust and the First National Bank of Houma illegally tied its approval for a loan to its use of a contractor of American Bank’s choosing, in violation of the Bank Holding Company Act (BHCA), 12 U.S.C. § 1971 et seq. Finding that the BHCA, unlike general antitrust statutes, does not include a coercion element, we vacate in part and remand.

Background

In early 1987 Dibidale Securities Establishment (DSE) sought to acquire, through its subsidiary Dibidale, a partially…

2Cases cited14 opinions

  1. Jefferson Parish Hospital District No. 2 v. HydeSupreme Court of the United States · 1984
  2. Fortner Enterprises, Inc. v. United States Steel Corp.Supreme Court of the United States · 1969
  3. Kennett-Murray Corporation v. John E. BoneCourt of Appeals for the Fifth Circuit · 1980
  4. Rhett G. Campbell, Trustee, Joseph C. Canizaro, Intervenor-Appellant v. Wells Fargo Bank, N.A.Court of Appeals for the Fifth Circuit · 1986
  5. United States Steel Corp. v. Fortner Enterprises, Inc.Supreme Court of the United States · 1977

9 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. Wagoner v. Exxon Mobil Corp.District Court, E.D. Louisiana · 2011
  2. La Day v. Catalyst Technology, Inc.Court of Appeals for the Fifth Circuit · 2002
  3. Adelphia Communications Corp. v. Bank of America, N.A. (In Re Adelphia Communications Corp.)United States Bankruptcy Court, S.D. New York · 2007
  4. Highland Capital, Inc. v. Franklin National BankCourt of Appeals for the Sixth Circuit · 2003
  5. Brown v. Mississippi Valley State UniversityCourt of Appeals for the Fifth Circuit · 2002

35 more not listed; retrieve them via the Exa API.

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