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ASSOC. FINANCIAL SER. OF AMERICA v. ROGELL

No. 83-CA-642.

449 So.2d 526 (1984)

ASSOCIATES FINANCIAL SERVICES OF AMERICA, INC. v. Mario S. ROGELL.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied May 17, 1984.

Attorney(s) appearing for the Case

Gary A. Cotogno, New Orleans, for plaintiff-appellant.

Pat Breeden, New Orleans, for defendant-appellee.

Before BOUTALL, CHEHARDY and DUFRESNE, JJ.

DUFRESNE, Judge.

This is an appeal by Associates Financial Services of America, Inc. (Associates), plaintiff-appellant, from a judgment granting a preliminary injunction enjoining it from proceeding with the seizure and sale by executory process of property owned by Mario S. Rogell, defendant-appellee. Because we agree with the trial court that Associates' petition for executory process failed to allege an essential material fact, i.e. that the note sued upon was...

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