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HERBERT v. TRAVELERS INDEMNITY COMPANY

No. 50962.

241 So.2d 253 (1970)

256 La. 1151

Howard HERBERT v. TRAVELERS INDEMNITY COMPANY et al.

Supreme Court of Louisiana.

November 25, 1970.

Writ refused. On the facts found by the Court of Appeal the result is correct.

SUMMERS, Justice, is of the opinion the reduction of quantum is contrary to the rule of Gaspard v. LeMaire, 245 La. 239, 158 So.2d 149 (1963) and the cases which have applied that rule. Although paying lip service to that rule of law, the Court of Appeal has violated its spirit.

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