SMITHERMAN, LUNN, ETC v. KILLINGSWORTH

No. 21478-CA.

561 So.2d 816 (1990)

SMITHERMAN, LUNN, CHASTAIN & HILL, Plaintiff-Appellee, v. Mitchell J. KILLINGSWORTH, Defendant-Appellee, and Federal Deposit Insurance Corporation, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

May 9, 1990.


Attorney(s) appearing for the Case

Mills, Timmons & Flowers by George H. Mills, Jr., Shreveport, for defendant-appellant.

Smitherman, Lunn, Chastain & Hill by W. James Hill, III, Shreveport, for plaintiff-appellee.

Joey W. Hendrix, Shreveport, for defendant-appellee Mitchell Killingsworth.

Before MARVIN, FRED W. JONES, Jr. and NORRIS, JJ.


MARVIN, Judge.

In this concursus brought to determine the ownership of $10,000 placed in escrow by Killingsworth as a damage deposit on a house that Killingsworth had occupied by agreement with a bank, the bank's successor in title, FDIC, appeals, not to contest the judgment that decreed that Killingsworth owned the escrow fund, but to seek a ruling on FDIC's cross-claim against Killingsworth for past due rent ($12,000) and attorney fees allegedly owed under a month...

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