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THORN v. WHITNEY NATIONAL BANK OF NEW ORLEANS

No. 6972.

326 So.2d 606 (1976)

Mrs. Irma Murphy THORN, Administratrix of the Succession of John Murphy v. WHITNEY NATIONAL BANK OF NEW ORLEANS.

Court of Appeal of Louisiana, Fourth Circuit.

February 10, 1976.

Attorney(s) appearing for the Case

Lawrence A. Wheeler, New Orleans, for plaintiff-appellant.

Milling, Benson, Woodward, Hillyer & Pierson, Richard A. Whann, New Orleans, for defendant-appellee.

Before SAMUEL, GULOTTA and BEER, J.

SAMUEL, Judge.

Petitioner, as administratrix of the Succession of John Murphy, filed this mandamus action to compel defendant, Whitney National Bank of New Orleans, to surrender to her funds in a savings account in the name of the decedent, John Murphy.

The defendant bank filed exceptions of no cause of action and unauthorized use of summary proceedings. It also filed an answer in which it admitted possession of a savings account in the name of John Murphy...

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