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DeCLOUET v. KANSAS CITY SOUTHERN RAILWAY COMPANY

No. 1404.

176 So.2d 471 (1965)

Edward DeCLOUET and Edward DeClouet for and on behalf of Jerome DeClouet, a Minor, Plaintiff-Appellant, v. The KANSAS CITY SOUTHERN RAILWAY COMPANY et al., Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied June 24, 1965.

Attorney(s) appearing for the Case

Nichols & Drewett, by E. M. Nichols, Lake Charles, and James B. Collins, Lake Charles, for plaintiff-appellant.

Porter, Scofield & Cox, by James J. Cox, Lake Charles, for defendants-appellees.

Before FRUGE, HOOD and CULPEPPER, JJ.

CULPEPPER, Judge.

Plaintiff's tort suit was dismissed as having been abandoned by failure of the plaintiff or defendant to take any steps in its prosecution for five years. (LSA-C.C.P. Art. 561) Plaintiff appealed.

The facts are undisputed. Plaintiff's petition was filed on March 20, 1959, and the defendants' answer was filed April 2, 1959. On October 28, 1964, more than five years after the filing of plaintiff's...

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