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BROWN & ROOT, INC. v. SOUTHEAST EQUIP. CO.

No. CA 840465.

470 So.2d 516 (1985)

BROWN AND ROOT, INC. v. SOUTHEAST EQUIPMENT COMPANY, INC. and State of Louisiana, Department of Public Safety.

Court of Appeal of Louisiana, First Circuit.

May 29, 1985.

Attorney(s) appearing for the Case

G. Michael Pharis, Baton Rouge, for plaintiff-appellant Root and Brown, Inc.

Howard Elliott, Baton Rouge, for defendant-appellee State of Louisiana, Dept. of Public Safety.

Ronald J. Hof, New Orleans, for defendant-appellee Southeast Equipment Co., Inc.

Before GROVER L. COVINGTON, C.J., and LOTTINGER and JOHN S. COVINGTON, JJ.

GROVER L. COVINGTON, Chief Judge.

The plaintiff, Brown and Root, Inc. (Brown), appeals a judgment requiring it to reimburse the defendant, Southeast Equipment Company, Inc. (Southeast), the purchase price paid for a stolen Caterpillar wheeled loader, under LSA-C.C. art. 524, before recovering possession of it.

The facts surrounding this matter are undisputed. Brown is the owner of a wheeled loader, and it was stolen in Houston in April, 1982. Southeast purchased...

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