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AMERICAN BANK & TR. CO. v. MICHAEL

No. 8169.

244 So.2d 882 (1971)

AMERICAN BANK & TRUST CO. v. James H. MICHAEL et al.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied March 15, 1971.

Writ Refused April 22, 1971.

Attorney(s) appearing for the Case

Karl W. Cavanaugh of Nesom, Mellon, Cavanaugh & Due, Denham Springs, for appellant.

M. Aubrey McCleary, Jr., of McCollister, Belcher, McCleary & Fazio, Baton Rouge, for appellees.

Before LOTTINGER, ELLIS and PICKETT, JJ.

ELLIS, Judge.

This is an executory proceeding filed by American Bank & Trust Company against James H. Michael and James W. Barber, d/b/a Michael and Barber Construction Company. Bayou State Discount House, Inc. intervened asking that the sale be enjoined and that its materialman's lien against the property seized be recognized and enforced. From an adverse judgment, intervenor has appealed.

Intervenor claims that plaintiff's mortgage is without validity...

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