Legal Opinion

Albuquerque Federal Savings & Loan Ass'n v. Deville

Louisiana Court of Appeal

Decided March 5, 1993No. CW 91 2188PublishedCited by 1 opinion

1Opinion of the Court

FOIL, Judge.

In this action to enforce promissory notes executed by 41 makers, we are asked to determine whether the makers are precluded by the operation of federal law from asserting defenses to payment against the Resolution Trust Corporation (RTC). Be*1004cause we find material issues of fact exist in this case regarding the ability of the makers to assert the defenses, we affirm the trial court’s refusal to grant RTC’s motion for summary judgment on the notes.

BACKGROUND

These consolidated suits were initially brought by Albuquerque Federal Savings & Loan Association (the Bank) on January 28,…

2Cases cited18 opinions

  1. D'Oench, Duhme & Co. v. Federal Deposit InsuranceSupreme Court of the United States · 1942
  2. Langley v. Federal Deposit InsuranceSupreme Court of the United States · 1987
  3. Chaisson v. DomingueSupreme Court of Louisiana · 1979
  4. Vermilion Corp. v. VaughnSupreme Court of Louisiana · 1981
  5. Federal Savings And Loan Insurance Corporation v. MurrayCourt of Appeals for the Fifth Circuit · 1988

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3Cited by1 opinion

  1. Cadle Co. v. JohnsonLouisiana Court of Appeal · 1998

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