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STATE v. UNITED DREDGING CO.

No. 40044.

50 So.2d 826 (1951)

218 La. 744

STATE v. UNITED DREDGING CO.

Supreme Court of Louisiana.

Rehearing Denied February 12, 1951.

Attorney(s) appearing for the Case

C. Ellis Ott, of Bogalusa, special counsel for Collector of Revenue, Stephen B. Rodi, Lamar F. Miller, Robt. L. Roland, all of Baton Rouge, of counsel, for appellant.

Deutsch, Kerrigan & Stiles, of New Orleans, Robert E. Leake, Jr. of New Orleans, of counsel, for appellee.

McCALEB, Justice.

The State is appealing from a judgment dismissing its suit on the ground of abandonment in that it failed to take any steps in the prosecution thereof for a period of more than five years. The action was brought on December 30th 1940 under Section 7 of Act No. 25 of the Second Extra Session of 1935 to recover power taxes allegedly due by defendant for the years 1937, 1938, 1939 and 1940. Defendant filed its answer on August 20th 1940 and, from that...

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