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MARVIN v. TOYE BROTHERS YELLOW CAB COMPANY

No. 3127.

214 So.2d 196 (1968)

Sherwood MARVIN, Lydia Rope and Rev. Herbert B. Rope v. TOYE BROTHERS YELLOW CAB COMPANY.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied October 7, 1968.

Attorney(s) appearing for the Case

Deutsch, Kerrigan & Stiles, Charles F. Seeman, Jr., and John F. Tooley, Jr., New Orleans, for Toye Brothers Yellow Cab Company, defendant-appellant.

Simon & Simon, Warren M. Simon, Jr., New Orleans, for Employers' Liability Assurance Corp., Ltd., third-party defendant-appellee.

Liska, Exnicios & Nungesser, Samuel Richard Exnicios, New Orleans, for Sherwood Marvin, Lydia Rope and Rev. Herbert B. Rope, plaintiffs-appellants.

Before SAMUEL, CHASEZ and HALL, JJ.

CHASEZ, Judge.

This is an appeal from the dismissal of the petition to be made parties plaintiff filed herein by Herbert Rope, Jr., and June Rose Rope for the purpose of prosecuting the cause of action filed by their parents, Rev. Herbert B. Rope, Sr., and Mrs. Lydia Rope.

The record in this matter discloses the following uncontroverted facts:

On January 25, 1964, an automobile accident occurred in which Mrs. Lydia Rope was injured. The owner and operator...

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