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McCLURE v. A. WILBERT'S SONS LUMBER & SHINGLE CO.

No. 7913.

232 So.2d 879 (1970)

R. C. McCLURE, Sr., et al. v. A. WILBERT'S SONS LUMBER & SHINGLE COMPANY et al.

Court of Appeal of Louisiana, First Circuit.

March 9, 1970.

Attorney(s) appearing for the Case

Harry B. Garland, Opelousas, for appellant.

Paul G. Borron, Jr., Plaquemine, and George C. Schoenberger, Jr., New Orleans, for appellee.

Before LANDRY, SARTAIN and ELLIS, JJ.

LANDRY, Judge.

This appeal by plaintiff R. C. McClure, Sr. and 136 other named petitioners is from the judgment of the trial court dismissing appellant's petitory action against defendant A. Wilbert's Sons Lumber & Shingle Company (Wilbert) and 96 additional defendants on grounds of abandonment because of failure to cite 25 defendants within five years of the filing of suit. The motion to declare the action abandoned was filed by defendant Wilbert who also successfully...

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