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TAURUS LEASING CORP. v. CHALAIRE

No. 11655.

400 So.2d 303 (1981)

TAURUS LEASING CORPORATION v. Bianca I. Nelke, wife of and Frank M. CHALAIRE, M.D.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied July 13, 1981.

Attorney(s) appearing for the Case

Francis J. Demarest, Jr., New Orleans, for plaintiff-appellee.

Jerald N. Andry and Gilbert V. Andry, III, Edwin R. Fleischmann, Jr., New Orleans, for defendants-appellants.

Before BOUTALL, SCHOTT and BARRY, JJ.

BARRY, Judge.

Dr. and Mrs. Frank M. Chalaire appeal from a judgment dismissing their suit to annul a Sheriff's sale by executory process on an exception of no cause of action filed by the mortgagee.

On November 27, 1974 Dr. Chalaire was the lessee in a sale/leaseback agreement with Taurus Leasing Corporation—the lease was secured by a five year $42,750.00 second mortgage signed by both appellants on their...

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