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THOMASSON v. BANK ONE, LOUISIANA, N.A.

No. Civ.A. 00-3649.

137 F.Supp.2d 721 (2001)

Margaret THOMASSON, et al. v. BANK ONE, LOUISIANA, N.A.

United States District Court, E.D. Louisiana.

April 4, 2001.

Attorney(s) appearing for the Case

Paula Anne Perrone, Chehardy, Sherman, Ellis, Breslin & Murray, Metairie, LA, for plaintiff.

John William Hite, III, Sessions, Fishman & Nathan, LLP, New Orleans, LA, Brian David Roth, Sessions, Fishman & Nathan, LLP, Mandeville, LA, for defendant.

ORDER AND REASONS

FALLON, District Judge.

Before the Court is defendant's motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the following reasons, defendant's motion is DENIED in part and GRANTED in part.

I. BACKGROUND

Plaintiff Margaret Thomasson ("Thomasson") contracted with First National Bank of Commerce for a loan on September 4, 1998. The consumer loan was secured by a $5,000.00 certificate...

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