GULF FEDERAL SAV. BANK v. FRANCE

No. CA-5435.

499 So.2d 617 (1986)

GULF FEDERAL SAVINGS BANK d/b/a Gulf Federal Savings and Loan Association of Jefferson Parish v. Eric B. FRANCE.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied January 15, 1987.

Writ Denied February 20, 1987.


Attorney(s) appearing for the Case

Peter E. Duffy, N. Eleanor Graham, Mmahat, Duffy, Opotowsky & Walker, Metairie, for plaintiff.

Patrick D. Breeden, New Orleans, for defendant.

Before BARRY, BYRNES and LOBRANO, JJ.


BARRY, Judge.

This appeal is from the denial of a preliminary injunction seeking to enjoin executory process. The delinquent debtor alleges the plaintiff is not the "holder" of the note and claims there is a variance between the note and mortgage on how to calculate interest.

On July 31, 1985 Gulf Federal Savings Bank, d/b/a Gulf Federal Savings & Loan Association of Jefferson Parish, filed for executory process on Eric B. France's $110,583.02 delinquent...

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