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HAWKING v. FORD MOTOR CREDIT CO.

No. 98-30991.

210 F.3d 540 (2000)

Marguerite Lewis HAWKING, Plaintiff, v. FORD MOTOR CREDIT CO.; et al., Defendants. Fidelity National Bank, Plaintiff, v. Consolidated Lewis Investment Corp., Defendant-Counter Claimant-Appellant-Cross Appellee, and Marguerite Lewis Hawking; Arthur Cullen Lewis, III; Alexis Voorhies Lewis; Patricia Ann Lewis Williams, Defendants-Counter Claimants-Cross Appellees, v. Ford Motor Credit Co., Defendant-Counter Defendant-Appellee-Cross Appellant. In the Matter of: Consolidated Lewis Investment Corp., Debtor. Ford Motor Credit Co., Appellee-Cross Appellant, v. Marguerite Lewis Hawking; Arthur Cullen Lewis, III; Alexis Voorhies Lewis; Patricia Ann Lewis Williams, Cross Appellees, and Consolidated Lewis Investment Corp., Appellant-Cross Appellee.

United States Court of Appeals, Fifth Circuit.

May 4, 2000.

Attorney(s) appearing for the Case

Peter A. Feringa, Jr., Douglas L. Grundmeyer, Scott C. Barney (argued), Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, LA, for Ford Motor Credit Co.

R. Bruce Macmurdo (argued), Steffes and Macmurdo, Baton Rouge, LA, for Consolidated Lewis Investment Corp., Arthur Cullen Lewis III and Alexis Voorhies Lewis.

Patrick F. McGrew (argued), Baton Rouge, LA, for Marguerite Lewis Hawing, Arthur Cullen Lewis, III and Alexis Voorhies Lewis.

Before GARWOOD, WIENER and DENNIS, Circuit Judges.

WIENER, Circuit Judge:

At the core of this appeal is the question whether Appellee-Cross Appellant Ford Motor Credit Corporation ("FMCC"), a commercial lender, can be held liable for the alleged fiduciary breach of a trustee who, purporting to act in his capacity as trustee, took out a loan on behalf of the trusts under his control, and then allegedly used the loan proceeds to satisfy his personal debts. We conclude that Appellant-Cross Appellee Consolidated Lewis...

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