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FIRST NAT. BANK OF COMMERCE v. WATERGATE, INC.

No. 7853.

343 So.2d 360 (1977)

FIRST NATIONAL BANK OF COMMERCE v. The WATERGATE, INC., & Williams Boulevard Land Company.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied March 15, 1977.

Writ Refused May 6, 1977.

Attorney(s) appearing for the Case

Shushan, Meyer, Jackson, McPherson & Herzog, Robert P. Chatelain, New Orleans, for plaintiff-appellee.

Bridgeman & Conway, James R. Conway, III, Metairie, for intervenor-appellant.

Before GULOTTA, SCHOTT and MORIAL, JJ.

MORIAL, Judge.

Crescent Pile Driving Co., Inc. (Crescent) appeals from a judgment denying its motion to set aside a sheriff's sale and holding its materialmen's lien inferior to a mortgage of First National Bank of Commerce (FNBC) on certain property situated in Jefferson Parish. Crescent also appeals a ruling of the district court denying its exception of unauthorized use of summary proceedings.

On February 13, 1975 FNBC filed a petition for executory process...

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