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NITRO GAMING INC. v. ENTERCEPT SERVICES INC.

No. 36,293-CA.

823 So.2d 1141 (2002)

NITRO GAMING INC., Plaintiff-Appellee v. ENTERCEPT SERVICES INC., Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

August 14, 2002.

Attorney(s) appearing for the Case

Stewart & Stewart by Jonathan M. Stewart, Arcadia, for Intervenor Appellant Gibsland Bank & Trust Co.

Onebane Law Firm by Frank H. Spruiell, Jr., Lafayette, for Plaintiff Appellee Nitro Gaming Inc.

Cook, Yancey, King & Galloway, by Julia E. Blewer, Karen P. Thomason, Shreveport, for Defendant Appellee Webster Parish Sheriff's Office.

Entercept Services Inc., in Proper Person.

Before STEWART, CARAWAY and DREW, JJ.

STEWART, J.

Gibsland Bank and Trust Company ("GBT"), appeals a judgment sustaining an exception of no cause of action and dismissing with prejudice its intervention filed in response to an executory proceeding instituted by Nitro Gaming, Inc., ("Nitro"). At issue is whether a seizing creditor who purchases property at a sheriff's sale is required to pay the full amount of the bid when a superior creditor intervenes after...

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