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STATE EX REL. STEVENS v. BABINEAUX

No. 1979.

196 So.2d 668 (1967)

STATE of Louisiana ex rel. Griffith STEVENS, Plaintiff-Relator, v. Clynes BABINEAUX, Defendant-Respondent.

Court of Appeal of Louisiana, Third Circuit.

March 21, 1967.

Attorney(s) appearing for the Case

Simon, Trice & Mouton, by John Rixie Mouton, Lafayette, for plaintiff-relator.

Armentor & Resweber, by A. J. Resweber, New Iberia, for defendant-respondent.

En Banc.

CULPEPPER, Judge.

Writs were granted to consider whether a preliminary judgment, obtained by plaintiff in a workmen's compensation case,1 can be annulled by order of court pursuant to an ex parte motion of defendant, without notice or hearing. We hold that it cannot.

The facts are that relator, Griffith Stevens, filed this suit on June 10, 1966 for workmen's compensation benefits arising out of an injury received while in the employment...

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