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FIRST NAT. BANK OF COMMERCE, NEW ORLEANS v. EAVES

No. 5411.

282 So.2d 741 (1973)

FIRST NATIONAL BANK OF COMMERCE, NEW ORLEANS, Louisiana v. J. R. EAVES.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied September 26, 1973.

Writ Refused November 16, 1973.

Attorney(s) appearing for the Case

James Foley, III (Foley, Judell, Beck, Bewley & Landwehr), New Orleans, for plaintiff-appellee.

Aubrey E. Pate, New Orleans, for defendant-appellant.

Before REDMANN, LEMMON and BAILES, JJ.

REDMANN, Judge.

In this suit by a national bank to collect defendant's "BankAmericard" credit card account balance plus attorney's fees, defendant appeals from a judgment dismissing, on exceptions of no right and no cause of action, his reconventional demand based on interest overcharges. We reverse.

The reconventional demand refers to failure to credit certain payments and to charging interest upon interest despite "numerous" requests to correct the billing...

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