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FETTIS v. ST. CHARLES DAIRY

No. 20419.

79 So.2d 587 (1955)

Rogers C. FETTIS v. ST. CHARLES DAIRY, Inc.

Court of Appeal of Louisiana, Orleans.

Rehearing Denied May 9, 1955.

Writ of Certiorari Denied June 30, 1955.

Attorney(s) appearing for the Case

Graham & Graham, George Graham, New Orleans, for appellant.

Bentley G. Byrnes and Edward A. Wallace, New Orleans, for appellee.

REGAN, Judge.

This litigation emanates from the same source and is encompassed by substantially the same factual and legal issues which were involved in the case of Byrnes v. St. Charles Dairy, Inc., La.App., 79 So.2d 584. Therein we expressed the opinion that there exists a presumption in favor of the legality of an agreement unless, of course, the illegality appears on the face thereof, therefore, it was incumbent upon the defendant...

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