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AMERICAN FIRE & INDEM. CO. v. CITIZEN'S NAT. BANK

No. 85-CA-1122.

499 So.2d 320 (1986)

AMERICAN FIRE AND INDEMNITY COMPANY v. CITIZEN'S NATIONAL BANK, First Guaranty Bank, and Jerry Morgan.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied January 12, 1987.

Attorney(s) appearing for the Case

James R. Carter, New Orleans, for plaintiff-appellee.

Ron S. Macaluso, Hammond, for defendants-appellants Jerry and Katy Morgan.

Curtis M. Baham, Hammond, for defendant-appellee First Guar. Bank.

T. Jay Seale, III, Hammond, for defendant-appellee Citizen's Nat. Bank.

Before EDWARDS, WATKINS and LeBLANC, JJ.

EDWARDS, Judge.

This action commenced as a concursus proceeding invoked by American Fire and Indemnity Company to determine each claimant's legitimate portion to the fire insurance policy proceeds it deposited into the registry of the court. The claimants to the $60,000.00 deposit are Jerry Morgan, the insured, Citizen's National Bank, the first mortgagee, and First Guaranty Bank, the second mortgagee.

On September 26, 1982, a fire completely destroyed Jerry...

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