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PELLEGRINI v. McCARTHY

No. 1854.

175 So.2d 410 (1965)

Gertrude MURRAY, divorced wife of Edwin PELLEGRINI v. Leicester McCARTHY.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied June 7, 1965.

Attorney(s) appearing for the Case

Jackson & Hess, Ralph N. Jackson and Leonard A. Washofsky, New Orleans, for plaintiff and appellant.

Morphy, Freeman & Batt, A. D. Freeman, Jr., New Orleans, for defendant-appellee.

Before McBRIDE, YARRUT and SAMUEL, JJ.

YARRUT, Judge.

This is an appeal from a judgment sustaining Defendant's exception of res judicata, based on a prior judgment of this court. (McCarthy v. Gonnet, 163 So.2d 840).

Defendant here, as plaintiff in the cited case, sought there to confirm and quiet a tax title. Mrs. Pellegrini, Plaintiff here, was both a defendant and a third-party plaintiff in the prior suit.

As clearly stated in the first case (cited...

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