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FERNON v. CAPITAL BANK & TRUST COMPANY

No. 6725.

190 So.2d 504 (1966)

John A. FERNON, d/b/a Fernon's, Plaintiff-Appellant, v. CAPITAL BANK & TRUST COMPANY, Defendant-Appellee.

Court of Appeal of Louisiana, First Circuit.

July 8, 1966.

Attorney(s) appearing for the Case

William Carl Roberts, of Durrett, Hardin, Hunter, Dameron & Fritchie, Baton Rouge, for appellant.

W. S. McKenzie, of Taylor, Porter, Brooks, Fuller & Phillips, Baton Rouge, for appellee.

Before LOTTINGER, LANDRY, REID, BAILES and LEAR, JJ.

BAILES, Judge.

This is an appeal from the judgment of the trial court sustaining an exception of no cause of action filed by defendant, Capital Bank & Trust Company, to plaintiff's petition wherein the latter was seeking to recover from defendant bank the total sum of certain checks deposited therein to the credit of Fernon's by the plaintiff's employee and withdrawn from defendant bank by the same employee.

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