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HARPER v. CELOTEX CORPORATION

No. 2056.

183 So.2d 350 (1966)

Howard Hamilton Tebault HARPER v. The CELOTEX CORPORATION et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied March 7, 1966.

Writ Refused May 5, 1966.

Attorney(s) appearing for the Case

Kepper, Moulin & Kepper, Stewart J. Kepper, Dobin Friedman, New Orleans, for plaintiff-appellant.

Baldwin, Haspel, Molony, Rainold & Meyer, Lawrence J. Molony, New Orleans, for defendant-appellee.

Parker & Parker, John E. Parker, New Orleans, for Nat B. Knight, Jr., and John E. Parker, defendants-appellees.

Peter G. Charbonnet, Jr., and Jack J. Charbonnet, New Orleans, for Virginia Chamberlayne Francis, defendant-appellee.

Bernhardt C. Heebe, Odom B. Heebe, Metairie, for Charles S. Potter, defendant-appellee.

Milling, Saal, Saunders, Benson & Woodward, K. J. Gilly, New Orleans, for Donald A. Bousquet and Fabian G. Fromherz, defendants-appellees.

Before YARRUT, CHASEZ and HALL, JJ.

YARRUT, Judge.

This is an appeal by Plaintiff-Appellant from a judgment of the district court maintaining Defendants' exceptions of no cause or right of action and the dismissal of his suit.

After Defendants appeared and filed their exceptions, the district court, upon ex parte motion by Plaintiff, and without notice to Defendants, permitted Plaintiff to dismiss his suit without prejudice.

Promptly upon receipt of notice of dismissal, Defendants moved...

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