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FIRST FED. SAV. & LOAN ASS'N v. LACOMBE

No. 85 CA 1417.

500 So.2d 837 (1986)

FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF THIBODAUX v. Michael J. LACOMBE and Kathleen Gaudet Lacombe.

Court of Appeal of Louisiana, First Circuit.

December 23, 1986.

Attorney(s) appearing for the Case

David L. Landry of Deramee & Deramee, Thibodaux, for plaintiff-appellee First Federal Savings & Loan Association of Thibodaux.

Patrick D. Breeden, New Orleans, for defendant-appellant Michael J. Lacombe and Kathleen Gaudet Lacombe.

Before LOTTINGER, SHORTESS and CARTER, JJ.

SHORTESS, Judge.

First Federal Savings and Loan Association of Thibodaux (First Federal) was the holder of a note made by Michael J. and Kathleen Gaudet Lacombe (Lacombes) and secured by a mortgage on their lot and house in Raceland, Louisiana. Alleging that the Lacombes had refused to pay the balance due, First Federal obtained an order of executory process on May 20, 1985. Based on the Lacombes' contentions that executory process was not proper, on July

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