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DELTA SAV. AND LOAN ASS'N v. BERTHELOT

No. 90-CA-0075.

570 So.2d 459 (1990)

DELTA SAVINGS AND LOAN ASSOCIATION, INC. v. Winnifred BERTHELOT, et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied November 29, 1990.

Attorney(s) appearing for the Case

Russell J. Nunez, Jr., Nunez & Nunez, New Orleans, for plaintiff/appellee.

Byrne W. Dyer, III, Gretna, for defendants/appellants.

Before SCHOTT, C.J., and LOBRANO and PLOTKIN, JJ.

SCHOTT, Chief Judge.

This is an action against Mr. and Mrs. Gilbert for a deficiency judgment in accordance with LSA-C.C.P. arts. 2771-2772 by Delta Savings and Loan Association, a mortgage creditor, which had previously seized and sold the property of the Gilberts by executory process pursuant to C.C.P. arts. 2721 et seq. The trial court granted Delta's motion for summary judgment and the Gilberts' have appealed contending that their answer and affidavit raised genuine...

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