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FIRST GUARANTY BANK v. DURHAM

No. 12266.

409 So.2d 380 (1982)

FIRST GUARANTY BANK v. Max H. DURHAM, Jr., et al.

Court of Appeal of Louisiana, Fourth Circuit.

January 12, 1982.

Attorney(s) appearing for the Case

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Herschel L. Abbott, Jr., New Orleans, for defendants-appellees.

Pittman & Matheny, Tom H. Matheny, Christoper Moody, Alton B. Lewis, Hammond, for plaintiff-appellant.

Before REDMANN, GULOTTA and BARRY, JJ.

GULOTTA, Judge.

First Guaranty Bank (the Bank) appeals from the dismissal of its suit against Max H. Durham, Jr. (Durham) and Durham & Lazard (Partnership) for the balance due on a promissory note. In the judgment of dismissal, the trial court maintained Durham's exception of res judicata and further granted defendants' motion for summary judgment. We affirm.

Loans had been made by the Partnership from the Bank before 1970. On November 3, 1971, a promissory...

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