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KAMBUR v. MATTO

No. 94-CA-650.

648 So.2d 1079 (1994)

James George KAMBUR v. Yolanda Virgadamo MATTO, as Dative Testimentary Executrix of the Succession of Arthur Virgadamo.

Court of Appeal of Louisiana, Fifth Circuit.

December 28, 1994.

Attorney(s) appearing for the Case

Cornelius E. Regan, James G. Kambur, New Orleans, for plaintiff-appellant.

Eric Oliver Person, New Orleans, for defendant-appellee.

Before BOWES, DUFRESNE and WICKER, JJ.

DUFRESNE, Judge.

This is an appeal by James Kambur, plaintiff-appellant, from a judgment dismissing his petition for executory process against an immovable in satisfaction of a note and mortgage on the grounds that the note had prescribed. For the following reasons we vacate the judgment ruling that the note had prescribed, and remand the matter to the district court for further proceedings.

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