FRANZONE v. MERCHANTS TRUST AND SAV. BANK

No. 82-CA-39.

427 So.2d 600 (1983)

Vincent FRANZONE v. MERCHANTS TRUST AND SAVINGS BANK.

Court of Appeal of Louisiana, Fifth Circuit.

February 7, 1983.


Attorney(s) appearing for the Case

John Levy, Levy, Oubre, Lenz and Nancy J. Marshall, New Orleans, for plaintiff-appellant.

J. Robert Hoepffner, Mamoulides & Hoepffner, Metairie, for defendant-appellee.

Before BOUTALL, KLIEBERT and DUFRESNE, JJ.


KLIEBERT, Judge.

This litigation commenced when the Merchants Trust and Savings Bank (hereafter the Bank) brought suit to avoid two leases between itself and Vincent Franzone, its one time officer and controlling shareholder.1 On a finding that the 1978 lease did not in fact lease space which the Bank was not already entitled to occupy and, therefore, constituted betrayal of the officer's fiduciary duty to the Bank, the Fourth Circuit...

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