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EMONET v. TOMILNSON

No. 1121.

163 So.2d 382 (1964)

Cleveland Paul EMONET et al., Plaintiff and Appellant, v. Robert S. TOMLINSON, Defendant and Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied May 13, 1964.

Writ Refused June 30, 1964.

Attorney(s) appearing for the Case

Robert Brinkman, Opelousas, for plaintiff-appellant.

Dubuisson & Dubuisson, by Edward Dubuisson, Leon S. Haas, Jr., Morgan J. Goudeau, III, Opelousas, for defendant-appellee.

Before FRUGÉ, HOOD and CULPEPPER, JJ.

CULPEPPER, Judge.

This is a suit to enjoin the violation of certain building restrictions. The district judge sustained defendant's motion for summary judgment, dismissing plaintiff's suit, on the grounds that the suit was filed too late under the provisions of the restrictive covenants themselves. Plaintiffs appealed.

As shown by plaintiffs' petition, and certain affidavits filed by defendant in support of his motion...

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