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McDONALD v. BARKER AUTO SALES, INC.

No. 35,685-CA.

810 So.2d 1242 (2002)

Bert McDONALD, d/b/a McDonald Body Shop, Plaintiff-Appellee, v. BARKER AUTO SALES, INC., et al Cedric C. McDonald, and U.S. Agencies Ins. Co., Inc., Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

February 27, 2002.

Attorney(s) appearing for the Case

Thomas Norman Thompson, Shreveport, for Defendant-Appellant.

Brenda Ford Jones, Baton Rouge, for Appellee.

Steven J. Pusateri, for U.S. Agencies Cas. Ins. Co.

Before NORRIS, C.J., KOSTELKA and DREW, JJ.

NORRIS, Chief Judge.

Barker Auto Sales Inc. appeals a City Court judgment in favor of Bert McDonald d/b/a Old McDonald Detail & Body Shop ("McDonald") for $3,429.86 plus court costs, legal interest and attorney fees. The principal represents collision insurance proceeds which Barker Auto Sales received as loss payee. McDonald successfully claimed that he was entitled, rather than Barker Auto Sales, to the proceeds. We reverse and render.

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