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BOURG v. WILEY

No. 11427.

398 So.2d 13 (1981)

Terry BOURG v. Sam WILEY, Jr.

Court of Appeal of Louisiana, Fourth Circuit.

March 10, 1981.

Attorney(s) appearing for the Case

Charles C. Wilson, Hahnville, for plaintiff-appellee.

Edmond R. Eberle, New Orleans, for defendant-appellant.

Before BARRY and SARTAIN, JJ.

SARTAIN, Judge.

This proceeding by ordinary process was instituted by the comaker of a hand note against the collateral mortgagor. From an adverse judgment in the district court the latter has appealed. We annul the judgment and remand.

The facts arose as follows: Althea Toliver1 and others were charged with the armed robbery of a business establishment owned and operated by plaintiff, Terry Bourg. Following several plea bargaining...

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