BOUCHILLON v. DeBAUTTE

No. 2883.

222 So.2d 548 (1969)

Mrs. Esther BOUCHILLON, wife of William F. GROSCH and William F. Grosch v. Clarence J. DeBAUTTE and American Surety Company of New York.

Court of Appeal of Louisiana, Fourth Circuit.

May 5, 1969.


Attorney(s) appearing for the Case

Richard A. Dowling, New Orleans, for plaintiffs-appellants.

Melvin P. Barre, Rene R. Nicaud, New Orleans, for defendants-appellees.

Before YARRUT, SAMUEL and HALL, JJ.


YARRUT, Judge.

Defendant-Appellees filed a motion to dismiss this appeal, alleging Appellants have been dilatory in lodging the record in this Court, and, consequently, have abandoned their appeal.

This motion must be discussed in the light of the history of this entire proceeding. In 1959 Plaintiffs filed suit against a contractor and his surety. After a protracted trial on the merits, heard piecemeal over a long period, Plaintiffs' suit was dismissed. They...

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