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SMITH v. LOUISIANA BANK & TRUST COMPANY

No. 11659.

255 So.2d 816 (1971)

Oscar Lionel SMITH, Plaintiff-Appellant, v. LOUISIANA BANK & TRUST COMPANY et al., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied January 4, 1972.

Writs Granted February 11, 1972.

Writ Refused February 11, 1972.

Attorney(s) appearing for the Case

Booth, Lockard, Jack, Pleasant & LeSage, by H. F. Sockrider, Jr., and James E. Bolin, Jr., Shreveport, for Oscar Lionel Smith, plaintiff-appellant.

Cook, Clark, Egan, Yancey & King, by Sidney E. Cook, for Leon Gary, Jr., Baton Rouge, Shreveport, for Louisiana Bank & Trust, Maryland Casualty and Capital Bank & Trust Co.

Richardson & Arata, by Don M. Arata, Bogalusa, for Louisiana State Bond & Building Comm.

Thomas & Prestridge, Bossier City, by Rogers M. Prestridge for Clarence L. Madden, Jr.

Before PRICE, HEARD and BURGESS, JJ.

En Banc. Rehearing Denied January 4, 1972.

BURGESS, Judge ad hoc:

Plaintiff, Oscar Lionel Smith, alleged in his original petition that he was co-payee of a check drawn by Louisiana State Bond and Building Commission in the amount of Ten Thousand Nine Hundred Eighty and No/100 ($10,980.00) Dollars. The other payee was Nortech Construction Company. The drawee on the check was Capital Bank and Trust Company. Plaintiff Smith further alleged that some one (proven...

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