INDUS. SAND AND ABRASIVES v. L. & N. R. CO.

No. 82-C-1695.

427 So.2d 1152 (1983)

INDUSTRIAL SAND AND ABRASIVES, INC. v. LOUISVILLE AND NASHVILLE RAILROAD COMPANY, et al.

Supreme Court of Louisiana.

Rehearing Denied March 25, 1983.


Attorney(s) appearing for the Case

Harry McCall, Jr., Andrew Rinker, Jr., Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, for relator.

Walton J. Barnes, Baton Rouge, for respondent.


BLANCHE, Justice.

In this case, we are asked to determine whether the trial court erred in refusing to grant the defendant's motion for summary judgment. Our original purpose in granting writs was to determine whether a hearsay affidavit filed by the plaintiff in opposition to the motion was sufficient to establish the existence of a genuine issue of material fact such that it would defeat the motion for summary judgment. The affidavit was not based on the personal...

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