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PENN v. BURK

No. 545.

145 So.2d 106 (1962)

Clark PENN v. Borris BURK, Mary Savarese and M & M Home Repair Company.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied October 15, 1962.

Certiorari Granted November 9, 1962.

Attorney(s) appearing for the Case

Benjamin E. Smith, New Orleans, for plaintiff-appellant.

Maurice R. Woulfe and Maurice L. Burk, New Orleans, for Borris Burk, defendant-appellant.

Cyril F. Dumaine, New Orleans, for Mary Savarese, defendant-appellant.

Before AYRES, DAWKINS and ALLEN, JJ.

HARWELL L. ALLEN, Judge ad hoc.

Defendant, Borris Burk, is the holder of a note executed by plaintiff, Clark Penn, in the amount of $12,000.00 secured by act of mortgage on plaintiff's home in the City of New Orleans.

Alleging that plaintiff was delinquent, Burk obtain an order of executory process in the Civil District Court for the Parish of Orleans. Plaintiff then filed this suit against Burk, Mrs. Mary Savarese and M & M Home Repair Company alleging...

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