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MANUEL TIRE CO., INC. v. J. W. HERPIN, INC.

No. 92-1148.

620 So.2d 526 (1993)

MANUEL TIRE CO., INC., Plaintiff-Appellant, v. J.W. HERPIN, INC., Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

June 16, 1993.

Attorney(s) appearing for the Case

Michael Voorhies Matt, Eunice, for Manuel Tire Co., Inc.

Paul Joseph Hebert, Abbeville, for J.W. Herpin, Inc.

Mary Elizabeth Arceneaux, Baton Rouge, for Louisiana Bankers Assn.

Before DOUCET, KNOLL and COOKS, JJ.

KNOLL, Judge.

This is a security device case involving the prescriptive period of a collateral chattel mortgage note. Manuel Tire Company, Inc. (Manuel Tire) appeals1 the dismissal of its petition for executory process filed against J.W. Herpin, Inc. (Herpin). The trial court ruled that the collateral chattel mortgage note was prescribed. Thus it enjoined the seizure and sale, and found that Herpin was entitled to $1,000 damages and attorney...

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