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MID-STATE HOMES, INC. v. PORTIS

Civ. A. No. 85-0427.

652 F.Supp. 640 (1987)

MID-STATE HOMES, INC. v. Eddie Belle PORTIS, Don Hathaway, Sheriff of Caddo Parish, Louisiana, and W. Orie Hunter, Clerk of Court of Caddo Parish, Louisiana.

United States District Court, W.D. Louisiana, Shreveport Division.

February 2, 1987.

Attorney(s) appearing for the Case

Charles N. Harper, Jones, Tete, Nolen, Hanchey, Swift & Spears, Lake Charles, La., for Mid-State Homes, Inc.

Robert G. Pugh, Pugh & Push, Shreveport, La., for Eddie Belle Portis.

William M. Cady, Asst. Atty. Gen., State of La., Shreveport, La., for Clerk of Court Hunter.

Edwin L. Blewer, Jr., Cook, Yancey, King & Galloway, Shreveport, La., for Sheriff Hathaway.

MEMORANDUM OPINION

STAGG, Chief Judge.

This is a challenge to the constitutionality of Louisiana's executory process. Plaintiff, Mid-State Homes, Inc. ("Mid-State") was the holder of a second mortgage on property in Caddo Parish, Louisiana. This property was sold by the Caddo Parish sheriff after executory proceedings were instituted by the first mortgagee. The sale did not bring sufficient funds to pay the second mortgage, and Mid-State's privilege was...

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