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HIBERNIA NAT. BANK v. CONTINENTAL MARBLE AND GRANITE CO., INC.

No. 92-CA-871.

615 So.2d 1109 (1993)

HIBERNIA NATIONAL BANK v. CONTINENTAL MARBLE AND GRANITE COMPANY, INC., et al.

Court of Appeal of Louisiana, Fifth Circuit.

March 17, 1993.

Attorney(s) appearing for the Case

Patrick Johnson, Jr., Elizabeth W. Magner, Thomas M. Benjamin, Lemle & Kelleher, New Orleans, for plaintiff-appellant.

Leonard A. Washofsky, Metairie, for defendant-plaintiff-in-reconvention-appellee.

Before GRISBAUM, DUFRESNE and GOTHARD, JJ.

GRISBAUM, Judge.

This appeal concerns a dation en paiement. From the trial court's judgment recognizing defendant Doyle Coulon's judicial mortgage against defendant Continental Marble and Granite Company, Inc. (Continental), Hibernia National Bank (Hibernia) appeals. We affirm.

ISSUES

We are called upon to determine two specific questions:

(1) Whether the trial court erred in upholding the validity of the dation en paiement (dation...

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