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McMILLAN v. BANK OF THE SOUTH

No. 87-CA-221.

514 So.2d 227 (1987)

Oscar McMILLAN, Jr., and Mrs. Richard A. Thalheim, et al. v. BANK OF THE SOUTH and New Bank of the South.

Court of Appeal of Louisiana, Fifth Circuit.

Writ Denied December 18, 1987.

Attorney(s) appearing for the Case

Lugenbuhl, Burke, Wheaton, Peck & Rankin, Charles E. Lugenbuhl, Stewart F. Peck, New Orleans, for defendants-appellants.

Graham & Arceneaux, Louis B. Graham, New Orleans, for plaintiffs-appellees.

Before CHEHARDY, GAUDIN and GRISBAUM, JJ.

CHEHARDY, Chief Judge.

BOS Bancshares, Inc., a Louisiana corporation (herein known as the Company), was organized on May 8, 1981 at the direction of the management of the Bank of the South (herein known as the Bank) to serve as a vehicle for the formation of a bank holding company, as defined in the Bank Holding Company Act of 1956, as amended, 12 U.S.C.A. § 1841 et seq. The purpose of the Company was to act solely as a holding company for the Bank, which would...

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