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FIRST PROGRESSIVE BANK v. VERRET

No. 9410.

357 So.2d 100 (1978)

FIRST PROGRESSIVE BANK v. David L. VERRET, Jr., Gregory B. Jones, Donald J. Burke, Charles A. Mannina and John S. Crespino.

Court of Appeal of Louisiana, Fourth Circuit.

March 14, 1978.

Attorney(s) appearing for the Case

Legier, McEnerny, Waguespack, Kuhner, Scoggin & Strong, Fred Clegg Strong, New Orleans, for plaintiff-appellee.

Daniel A. McGovern, III, New Orleans, for defendant-appellant, David L. Verret, Jr.

Rodney J. Madere, New Orleans, for defendant-appellant, Donald J. Burke.

Cabibi & Cabibi, Charles E. Cabibi, New Orleans, for defendant-appellant, Charles A. Mannina.

Eustace J. Shearman, III, New Orleans, for defendant-appellant, John S. Crespino.

Before GULOTTA, BOUTALL and GARSAUD, JJ.

ON MOTION TO DISMISS

GULOTTA, Judge.

Plaintiff moves to dismiss defendants' appeal on the grounds 1) that defendants did not pay to the clerk of the trial court within 20 days after the signing of the order of appeal estimated costs for the preparation of the record on appeal and filing costs as provided in LSA-C.C.P. art. 2126; 2) that the record was not timely lodged in the Court of Appeal on or before the extended return date; and, 3) that subsequent...

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