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TRI-SOUTH MTG. INVESTORS v. FOREST & WATERWAY

No. 8310.

354 So.2d 588 (1977)

TRI-SOUTH MORTGAGE INVESTORS v. FOREST AND WATERWAY CORPORATION.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied February 14, 1978.

Attorney(s) appearing for the Case

Henry O'Connor, Jr., Steeg & O'Connor, New Orleans, for Tri-South Mortgage Investors, plaintiff-appellant.

Rader Jackson of Shushan, Meyer, Jackson, McPherson & Herzog, New Orleans, for Summit Building, Inc., Legion Enterprises, Inc., and J. S. Senter Lath & Plaster, Inc., intervenors-appellees.

John I. Hulse, IV of Hammett, Leake, Hammett, Hulse & Nelson, New Orleans, for Wallace C. Drennan, Inc. and Ken Farris Concrete Placement, intervenors-appellees.

Clarence F. Favret, Jr. of Favret, Favret & Demarest, New Orleans, for Pelican Plumbing Supply, Inc., intervenor-appellee.

August J. LaNasa, New Orleans, for American Plumbing Supply, Inc., intervenor-appellee.

Newman & Drolla, Robert A. Mathis, New Orleans, for Jahncke Service, Inc., intervenor-appellee.

Daniel L. Morrow, J. Joseph Blotner, Gretna, for W. H. Ward Lumber Co., Inc., intervenor-appellee.

Before SAMUEL, BOUTALL and SCHOTT, JJ.

BOUTALL, Judge.

This appeal involves the competition for priority between a mortgagee and laborers and materialmen.

On June 28, 1972, Tri-South Mortgage Investors, hereinafter referred to as Tri-South, foreclosed upon a mortgage granted it by the Forest and Waterway Corporation on a development project known as the Forest Isles Apartment Complex, Tall Timbers Subdivision. A Sheriff's sale was scheduled for August 17, 1972 by the Civil Sheriff for the Parish...

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