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LOUISIANA BANK & TRUST COMPANY v. PERNICI

No. 13875.

372 So.2d 788 (1979)

LOUISIANA BANK & TRUST COMPANY, Plaintiff-Appellee, v. Unopened Succession of Frank J. PERNICI and Peggy W. Pernici, d/b/a Rocky's, Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

June 12, 1979.

Attorney(s) appearing for the Case

Bodenheimer, Jones, Klotz & Simmons by James P. Bodenheimer, Shreveport, for defendant-appellant, Peggy W. Pernici, d/b/a Rocky's.

Tucker, Martin, Holder, Jeter & Jackson by T. Haller Jackson, III, Shreveport, for plaintiff-appellee.

R. J. Miciotto, Bossier City, Curator ad Hoc for defendant-appellee, Unopened Succession of Frank J. Pernici.

Before BOLIN, PRICE and MARVIN, JJ.

MARVIN, Judge.

This appeal is from a summary judgment in favor of the bank against a widow, Mrs. Pernici, for the amount of overdrafts paid by the bank on a business checking account which was contractually established by Mr. and Mrs. Pernici about three months before his untimely death. The judgment also awarded attorney fees under LRS 9:2781. We reverse and remand.

The account was opened for a restaurant known as "Rocky's" on June 2, 1978. Mr. Pernici died...

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