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J. P. MESSINA CONTRACTORS, INC. v. CORTEZ CONST.

No. 7025.

372 So.2d 799 (1979)

J. P. MESSINA CONTRACTORS, INC., Plaintiff-Appellant, v. CORTEZ CONSTRUCTION CORPORATION, Defendant, American Bank & Trust Company, Intervenor and Appellee.

Court of Appeal of Louisiana, Third Circuit.

June 20, 1979.

Attorney(s) appearing for the Case

Coleman, Dutrey, Thomson, Meyer & Jurisich by Jack W. Thomson, Jr., New Orleans, for plaintiff-appellant.

Andrus & Doherty, James P. Doherty, Jr., Opelousas, for defendant-appellee.

Before WATSON, FORET and CUTRER, JJ.

WATSON, Judge.

This is an appeal from a judgment by the trial court which held that the intervenor's chattel mortgage primes the judicial mortgage held by plaintiff. J. P. Messina Contractors, Inc., plaintiff and appellant, obtained a judgment on open account against the defendant, Cortez Construction Corporation, in the amount of $43,194.10 on April 5, 1977. When Messina had a writ of fi. fa. issued and seized certain construction equipment, including trucks, graders...

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