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BATON ROUGE BANK AND TRUST COMPANY v. SUBCO, INC.

No. 6479.

306 So.2d 312 (1974)

BATON ROUGE BANK AND TRUST COMPANY v. SUBCO, INC., et al.

Court of Appeal of Louisiana, Fourth Circuit.

December 30, 1974.

Attorney(s) appearing for the Case

Theo. F. Cangelosi, John Schwab, Robert L. Cangelosi, John Schwab, Baton Rouge, Sessions, Fishman, Rosenson, Snellings & Boisfontaine, Cicero C. Sessions, and J. David Forsyth, New Orleans, for plaintiff-appellant.

Windhorst, Heisler, DeLaup & Wysocki, Henry L. Klein, New Orleans, for defendants-appellees.

Before REDMANN, BOUTALL, and BEER, JJ.

BEER, Judge.

On July 6, 1971 appellant, Baton Rouge Bank & Trust Co., filed a petition against appellees, among others, seeking foreclosure by executory process. Appellees, Mark Smith, Jr. and Mark Smith III were, among others, endorsers on a note in the amount of $450,000.00 held in due course by appellant. The mortgaged property which secured the note (along with appellees' endorsements) was, thereafter, seized and sold following an order for executory process...

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