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WHITEHALL OIL COMPANY v. BOAGNI

No. 2454.

217 So.2d 716 (1969)

WHITEHALL OIL COMPANY, Inc., Plaintiff and Appellant, v. Mrs. Marie Celeste Delaureal BOAGNI et al., Defendants and Appellees.

Court of Appeal of Louisiana, Third Circuit.

Writ Granted March 13, 1969.

Attorney(s) appearing for the Case

Chaffe, McCall, Phillips, Burke, Toker & Hopkins, by C. Manly Horton, Jr., and Charles Richard, Jr., New Orleans, for plaintiff-appellant.

Kantrow, Spaht, Weaver & Walter, by Carlos G. Spaht, Baton Rouge, Voorhies, Labbe, Fontenot, Leonard & McGlasson, by David S. Foster, Lafayette, Charles F. Boagni, III, Morgan J. Goudeau, III, Andrus & Pavy, by Alex L. Andrus, Jr., Lewis & Lewis, by Seth Lewis, Jr., Opelousas, for defendants-appellees.

Before TATE, HOOD and CULPEPPER, JJ.

CULPEPPER, Judge.

JUDGMENT AS TO SUBSTITUTED PARTY DEFENDANT

One of the defendants, Mrs. Gladys Boagni Waterbury, died shortly before the rendition of our original decision herein on December 5, 1968. Our judgment is therefore a nullity insofar as it casts the deceased, Carrol v. Zurich, 200 So.2d 765 (La.App., 3rd Cir. 1967).

Pursuant to Rule XIII, Section 1, of the Uniform Rules of the Courts of Appeal of the...

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