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CELLES ENTERPRISES v. PEOPLES BANK & TRUST

No. 82-249.

425 So.2d 853 (1982)

CELLES ENTERPRISES, INC., Plaintiff-Appellant, v. PEOPLES BANK & TRUST CO., Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied February 4, 1983.

Attorney(s) appearing for the Case

Thomas, Dunahoe & Gregory, Edwin Dunahoe, Natchitoches, Sanders, Downing, Kean & Cazedessus, Michael H. Rubin, Baton Rouge, for defendant-appellant-appellee.

Watson, Murchison, Crews, Arthur & Corkern, William P. Crews, Jr., and Daniel T. Murchison, Natchitoches, for plaintiff-appellee-appellant.

Before CULPEPPER, DOUCET and YELVERTON, JJ.

DOUCET, Judge.

Plaintiff, Celles Enterprises, a partnership in commendam, leased a restaurant from Harold McCain and, pursuant to the terms of the lease, agreed to pay the Lessor's pre-existing loan to Peoples Bank & Trust, defendant herein. Subsequently, McCain filed for bankruptcy and the bank instituted executory proceedings to foreclose on the loan whereupon Celles Enterprises sought, unsuccessfully, to intervene. Thereafter, Celles Enterprises instituted...

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