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PRESTENBACK v. ROAD EQUIPMENT COMPANY

No. 5622.

143 So.2d 131 (1962)

Emmett PRESTENBACK d/b/a Prestco Construction Company, Plaintiff-Appellant, v. ROAD EQUIPMENT COMPANY, Inc., et al., Defendant-Appellee.

Court of Appeal of Louisiana, First Circuit.

June 29, 1962.

Attorney(s) appearing for the Case

Marcel & Wiemann by Daniel C. Wiemann, Houma, for appellant.

Graffagnino, Roberts & Desonier, by A. J. Graffagnino and A. Russell Roberts, Metairie, for appellee.

Before ELLIS, HERGET, and MILLER, JJ.

MILLER, Judge pro tem.

Road Equipment Company, Inc., as the holder and owner of a promissory note and chattel mortgage executed by Emmett Prestenback, doing business as Prestco Construction Company, filed suit to foreclose the mortgage via executory process. Shortly after the seizure of the mortgaged Link-Belt Truck Crane by the Sheriff of the Parish of Terrebonne, in accordance with the writ of seizure, Emmett Prestenback filed this suit seeking to permanently enjoin...

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