ALBERS v. SCHWAB

No. 3435.

221 So.2d 301 (1969)

Bernard ALBERS, Jr. and Merlin R. Pitre v. Jacob J. SCHWAB, Joseph J. Schwab and Fidelity General Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

April 7, 1969.


Attorney(s) appearing for the Case

Plotkin, Sapir, Bradley & Tanet, New Orleans, Charles M. Stevenson for plaintiffs-appellees.

Nelson, Ormond & Nelson, Michael A. Dessommes, New Orleans, for defendants-appellants.

Before HALL, GARDINER and LE SUEUR, JJ.


LE SUEUR, Judge.

Albers sued defendants for personal injuries sustained in an automobile accident and Pitre sued for property damages. A default judgment was granted in favor of Albers against Fidelity General. The Schwabs were uninsured and the suit against them dismissed, as was Pitre's action. Fidelity General appealed to have the default judgment reversed on the ground that it was rendered prematurely.

On February 22, 1967, Albers was driving a vehicle...

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