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FARM CREDIT BANK OF TEXAS v. GUIDRY

No. CIV.A. 97-682-B-M3.

240 F.Supp.2d 585 (2002)

FARM CREDIT BANK OF TEXAS v. Lorita Richard GUIDRY, Patrick Guidry, in his capacity as Testamentary Executor in the Succession of Curtis J. Guidry and the C & L Guidry Farm, Inc.

United States District Court, M.D. Louisiana.

September 30, 2002.

Attorney(s) appearing for the Case

Mark P. Dauer, William C. Gambel, Jean Marie Sweeney, Milling Benson Woodward, LLP, New Orleans, LA, for Plaintiff.

Michael J. Domingue, Frederick H. Kroenke, Jr., Alan Gregory Rome, Lockwood, Kennedy & Rome, L.L.C., Baton Rouge, LA, Jonathan C. McCall, Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, LA, Harry Joseph Philips, Jr., William Shelby McKenzie, Robert W. Barton, Taylor, Porter, Brooks & Phillips, Baton Rouge, LA, Lou Anne Milliman, McGlinchey Stafford, PLLC, New Orleans, LA, Richard Franklin Zimmerman, Jr., Randal J. Robert, Kantrow, Spaht, Weaver & Blitzer, Baton Rouge, LA, for Defendants.

RULING

POLOZOLA, Chief Judge.

This case presents an interesting question of law for the Court to decide: May the defendants whose funds were seized as a result of a decision rendered by the Fifth Circuit Court of Appeals1 have these funds refunded if the Fifth Circuit has expressly overruled its earlier opinion?2

The defendants Lorita Richard Guidry and Patrick Guidry, in his capacity...

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