ALLEN v. FIRST NATIONAL BANK OF COMMERCE

No. CA 0749.

440 So.2d 172 (1983)

L. Walker ALLEN, III and Lange W. Allen v. FIRST NATIONAL BANK OF COMMERCE.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied November 22, 1983.

Writ Denied January 27, 1984.


Attorney(s) appearing for the Case

Kenneth J. Berke, Kathleen R. Allen, New Orleans, for plaintiff-appellant.

Jones, Walker, Waechter, Poitevent, Carrere & Denegree, Edward D. Wegmann, James P. Browning, Jr., Harry S. Hardin, III, New Orleans, for defendant-appellee.

Before GULOTTA, WARD and BYRNES, JJ.


BYRNES, Judge.

By this appeal L. Walker Allen, II and Lange W. Allen seek reversal of the granting of an exception of prematurity in their eviction suit against 1st. National Bank of Commerce (1st. NBC). We affirm.

The Allens instituted eviction proceedings based on an alleged breach of an indemnity clause in their lease with 1st. NBC. The breach alleged was the failure of 1st. NBC to defend the Allens in a tort suit filed against them as owners of the leased...

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