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PEARCE v. McDANIEL

No. 3449.

251 So.2d 110 (1971)

Dave L. PEARCE, Plaintiff-Appellant, v. Linton McDANIEL, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied August 16, 1971.

Writ Refused October 15, 1971.

Attorney(s) appearing for the Case

Joel B. Dickinson, Baton Rouge, for plaintiff-appellant.

Preston N. Aucoin, Ville Platte, for defendant-appellee.

Before FRUGÉ, HOOD, and CULPEPPER, JJ.

FRUGÉ, Judge.

ON MOTION TO DISMISS:

The record in this case was not filed in this court before the return date. The Clerk of Court responsible for the preparation of the record has acknowledged the error of delay of filing as his error. Appellee has urged that the appeal be dismissed contending that the delay in filing the record is one imputable to the appellant. LSA-C.C.P. Article 2126 and 2127. We do not think that this is a proper case to impute error...

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