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COLONIAL MORTG. CO. v. STATE

No. 84-CA-257.

464 So.2d 814 (1985)

COLONIAL MORTGAGE COMPANY v. STATE of Louisiana and City of Kenner.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied March 18, 1985.

Writ Denied May 24, 1985.

Attorney(s) appearing for the Case

Michael H. Bagot, Bagot & Gniady, New Orleans, for plaintiff-appellant.

Louis M. Jones, Asst. Atty. Gen., La. Dept. of Justice, New Orleans, for defendant-appellee State of La.

James D. Maxwell, Kenner, for defendant-appellee City of Kenner.

Before KLIEBERT, BOWES and CURRAULT, JJ.

KLIEBERT, Judge.

The plaintiff, Colonial Mortgage Company, held the promissory note of Mr. and Mrs. George Bode, secured by conventional mortgage and vendor's lien on two lots of ground with improvements situated in Kenner, Louisiana. Following the crash on July 9, 1982 of a Pan American airplane and the declaration by executive order of a local disaster, the state national guard at the request of the City of Kenner, cleared and removed the plane damaged house residue...

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