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LEISURE VILLA INVESTORS v. LIFE & CAS. INS. CO. OF TENN.

No. 87-504.

527 So.2d 520 (1988)

LEISURE VILLA INVESTORS, Plaintiff-Appellant, v. LIFE & CASUALTY INSURANCE COMPANY OF TENNESSEE, et al., Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

June 22, 1988.

Attorney(s) appearing for the Case

Gist, Methvin, Hughes & Munsterman (John Munsterman), Alexandria, for plaintiff-appellant.

Provosty, Sadler & deLaunay (Ricy Sooter), Alexandria, for defendants-appellees.

Before GUIDRY, FORET and LABORDE, JJ.

LABORDE, Judge.

Plaintiff-appellant, Leisure Villa Investors, filed suit to recover the prepayment premium of $42,752.20 paid to defendants, Life & Casualty Insurance Company of Tennessee (Life & Casualty) and Lawrence Eustis Mortgage Corporation (Lawrence Eustis). This appeal arises from the trial court's judgment granting defendants' motion for summary judgment. The issue presented is whether as a matter of law Leisure Villa Investors, by assuming a mortgage...

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