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ODENWALD v. RADIO STATION

No. 1819.

173 So.2d 830 (1965)

Henry ODENWALD, Individually and For the Use and Benefit of His Minor Son, Louis Odenwald, v. W.J.B.W. RADIO STATION, and Joe Desimone and Bobbie Vann, d/b/a Desi-Vann Productions.

Court of Appeal of Louisiana, Fourth Circuit.

April 5, 1965.

Attorney(s) appearing for the Case

Price & Francipane, Chester Francipane, Metairie, for plaintiff-appellant.

Deutsch, Kerrigan & Stiles, John F. Tooley, Jr., New Orleans, for Radio New Orleans, Inc., defendant-appellee, and, in the alternative, third-party plaintiff-appellant.

Löeb & Livaudais, Stanley E. Löeb, James E. Glancey, Jr., New Orleans, for American Ins. Co., third-party defendant-appellee.

Thomas Early, Jr., New Orleans, for defendants Joe Desimone and Bobbie Vann, d/b/a Desi-Vann Productions.

Dean A. Andrews, Jr., New Orleans, for third-party defendants Sergeant Wilbert A. Pontiff, Deputy Sheriff Peter J. Stropolo, and John G. Fitzgerald.

Before McBRIDE, REGAN and HALL, JJ.

REGAN, Judge.

The defendant, Radio New Orleans, Inc., operator of radio station W.J.B.W., has filed a peremptory exception and motion to dismiss the plaintiff's appeal, predicated on the postulation that it was not prosecuted by the real party in interest.

The record reveals, for the purpose of considering the validity of the foregoing pleas, that Henry Odenwald instituted this suit against the defendants1 "individually and for...

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