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BANKERS INS. CO. v. STATE

No. 32,460-CA.

743 So.2d 870 (1999)

BANKERS INSURANCE COMPANY, Plaintiff-Appellee, v. STATE of Louisiana, and The Office of the District Attorney for the Fourth Judicial District, Jerry L. Jones, District Attorney, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

October 27, 1999.

Attorney(s) appearing for the Case

Richard P. Ieyoub, Attorney General, Jerry L. Jones, District Attorney, Earl Cox, Asst. Dist. Atty., Counsel for Appellant.

William Noland and Gregory K. Voigt, New Orleans, Counsel for Appellee.

Before NORRIS, BROWN and PEATROSS, JJ.

NORRIS, Chief Judge.

The State appeals a 1999 judgment nullifying a 1996 judgment of bond forfeiture against Bankers Insurance Company. For the reasons expressed, we vacate and remand.

In March 1995 Bankers, a commercial surety, issued a bond in the amount of $15,000 to secure the appearance of a criminal defendant, Kenneth Hardage, in extradition proceedings in the Fourth Judicial District Court. Hardage failed to appear for a status and extradition hearing...

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