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SABINE STATE BANK v. DEPT. OF SOCIAL SVCS.

No. 48,259-CA.

117 So.3d 1283 (2013)

SABINE STATE BANK & TRUST COMPANY, Plaintiff-Appellee v. LOUISIANA DEPARTMENT OF SOCIAL SERVICES, Frances Pesnell, Tracy N. McElduff, Serena K. Barmore and Billy McElduff, Jr., Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

June 26, 2013.

Attorney(s) appearing for the Case

Sheri L. Stapleton , for Defendant/Appellant, State of Louisiana DCFS, Child Support Enforcement.

John L. Whitehead , Many, LA, Cory B. Wilson , for Plaintiff/Appellee, Sabine Bank.

Napper, Madden & Rogers, Ruston, LA, by Thomas W. Rogers , for Defendant/Appellee, Frances Pesnell.

Before BROWN, STEWART, and DREW, JJ.

BROWN, Chief Judge.

The critical issue to be resolved in this concursus proceeding against a state agency is whether it was sufficient to serve only the attorney general or whether it was necessary to also serve the head of the state agency. For reasons that follow, we find that the service of citation on only the attorney general was sufficient for purposes of La. R.S. 13:5107. Consequently, we find that the trial court's judgment that denied the state agency's exception...

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