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LE CRON v. CULLIGAN

No. 5158.

127 So.2d 39 (1961)

Eugene LE CRON v. Mike CULLIGAN, Jr.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied March 6, 1961.

Attorney(s) appearing for the Case

Mike Culligan, Jr., Lacombe, for appellant.

G. P. Fedoroff and Breard Snellings, New Orleans, for appellee.

Before ELLIS, LOTTINGER, HERGET and LANDRY, JJ.

HERGET, Judge.

This matter was fixed for argument on December 5, 1960. The defendant-appellant having neither appeared nor filed any brief prior to the date fixed for the submission of the case, the Court, ex proprio motu, under Rule VII, Section 4(b), 8 LSA-R.S. providing:

"Consider abandoned and dismiss the appeal in any case in which the appellant has neither appeared nor filed brief prior to the date fixed for submission of the case.",

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