MONTELEONE v. FIRST STATE BANK & TRUST CO.

No. CA 84 0644.

477 So.2d 130 (1985)

A.P. MONTELEONE and Harold Starkey v. FIRST STATE BANK & TRUST COMPANY.

Court of Appeal of Louisiana, First Circuit.

September 26, 1985.


Attorney(s) appearing for the Case

John I. Feduccia, Hammond, for plaintiffs-appellees A.P. Monteleone and Harold Starkey.

Charles M. Cassidy, Franklinton, for defendant-appellant First State Bank & Trust Co.

Before COLE, CARTER and LANIER, JJ.


COLE, Judge.

This appeal involves an award of damages for the wrongful seizure of a bulldozer owned by plaintiffs. The primary issues presented are whether plaintiffs' recovery should be limited because of their alleged failure to mitigate damages and whether the damages awarded to plaintiffs were excessive.

This matter arose from the following facts. On October 3, 1979 defendant, First State Bank & Trust Company (Bank), loaned a certain sum of money to...

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