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VIATOR v. GRAIN DEALERS MUTUAL INSURANCE COMPANY

No. 1597.

178 So.2d 378 (1965)

Raleigh VIATOR, Plaintiff and Appellant, v. GRAIN DEALERS MUTUAL INSURANCE COMPANY et al., Defendants and Appellees.

Court of Appeal of Louisiana, Third Circuit.

September 14, 1965.

Attorney(s) appearing for the Case

Dugas, Bertrand & Smith, Lafayette, Lucien C. Bertrand, Lafayette, of counsel, for plaintiff-appellant.

Mouton, Champagne & Colomb, by George Champagne, Jr., Lafayette, Davidson, Meaux, Onebane & Donohoe, by J. J. Davidson, Jr., Lafayette, for defendants-appellees.

Tucker & Boutte, by Gordie White, New Iberia, for third-party defendant-appellee.

En Banc.

FRUGE, Judge.

A judgment was entered in the 16th Judicial District Court, Parish of St. Martin, dismissing plaintiff's suit and plaintiff has appealed. Defendants moved to dismiss the appeal on the ground that the appeal was taken beyond the delays provided by Articles 2087 and/or 2123 of the Louisiana Code of Civil Procedure.

The record shows that this matter was tried on its merits on November 16, 17 and 18, 1964. The judgment was rendered in open court...

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