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LACEY v. BAYWOOD TRUCK & MACHINERY

Nos. 13032, 13033.

381 So.2d 863 (1980)

Freddie Lee LACEY v. BAYWOOD TRUCK AND MACHINERY. CAPITAL BANK AND TRUST COMPANY v. Freddie Lee LACEY.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied March 31, 1980.

Writ Granted in Part and Refused in Part May 9, 1980.

Attorney(s) appearing for the Case

James R. Coxe, Baton Rouge, for plaintiff-appellee Freddie Lee Lacey and defendant-appellee Edward J. Lacey.

Russell L. Dornier, Baton Rouge, for defendant-appellant Baywood Truck & Machinery, Inc. and plaintiff-appellant Capital Bank & Trust Co.

James M. Field, Stephen A. Mayo, Baton Rouge, for plaintiff-appellant Capital Bank & Trust Co.

Before COVINGTON, LOTTINGER and COLE, JJ.

COLE, Judge.

This appeal involves two cases consolidated for trial. In the first suit, Capital Bank & Trust Company of Baton Rouge asks for a deficiency judgment against Freddie Lee Lacey and Edward J. Lacey on a chattel mortgage note issued by them in connection with Freddie Lacey's purchase of a used truck. The second suit was brought by Freddie Lacey against Baywood Truck & Machinery, Inc. (Baywood) on the ground that the truck Baywood sold him had redhibitory...

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