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GAHAGAN v. THORNTON

No. 03-851.

861 So.2d 813 (2003)

Russell E. GAHAGAN, Jr. v. Sydney THORNTON.

Court of Appeal of Louisiana, Third Circuit.

December 10, 2003.

Attorney(s) appearing for the Case

Charles Raymond Whitehead, Jr., Whitehead Law Offices, Natchitoches, LA, for Plaintiff/Appellant, Russell E. Gahagan, Jr.

David Anthony Szwak, Bodenheimer, Jones & Szwak, Shreveport, LA, for Defendant/Appellee, Sydney Thornton.

Court composed of ULYSSES GENE THIBODEAUX, OSWALD A. DECUIR, and JIMMIE C. PETERS, Judges.

THIBODEAUX, Judge.

The plaintiff, Russell E. Gahagan, Jr. (Gahagan), appeals the trial court's judgment dismissing his claim to seize property the defendant, Sidney Thornton (Thornton), pledged to him to secure a debt. The trial court held that Gahagan failed to state a right of action and granted Thornton's peremptory exception of no right of action. We disagree with the trial court's conclusion and reverse.

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