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JEFFERSON BANK AND TRUST COMPANY v. POST

No. 6834.

312 So.2d 907 (1975)

The JEFFERSON BANK AND TRUST COMPANY v. Daniel A. POST and Samuel A. Blaize, d/b/a Post & Blaize.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied June 11, 1975.

Writ Refused September 11, 1975.

Attorney(s) appearing for the Case

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, John J. Weigel, New Orleans, for plaintiff-appellant.

Garon, Brener & McNeely, Herbert J. Garon, New Orleans, for defendants-appellees.

Before LEMMON, GULOTTA and BOUTALL, JJ.

GULOTTA, Judge.

This is a suit by the bank to recover the sum of $41,382.80 from its attorneys. This amount represents 25% attorney's fees which had been provided for in a collateral mortgage note, and upon which the attorneys on behalf of the bank had instituted executory process proceedings. However, this sum was withheld by the attorneys from the proceeds of a subsequent sale to one of the debtors and co-owner of the property which had been foreclosed on in the...

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