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LEVY v. STELLY

No. 4594.

254 So.2d 665 (1971)

Leon LEVY v. Gene STELLY and Southern Pacific Railroad Company.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied December 6, 1971.

Writ Refused January 11, 1972.

Attorney(s) appearing for the Case

Brierre & Malone (Eugene D. Brierre), New Orleans, for Leon Levy.

Garrett & Carl (Clifton S. Carl), New Orleans, for Leon Levy.

Chaffe, McCall, Phillips, Burke, Toler & Sarpy (Jarrell E. Godfrey, Jr.), New Orleans, for Gene Stelly and Southern Pacific Railroad Co.

LEMMON, Judge.

Defendants appealed from a summary judgment which annulled and set aside a previous judgment dismissing this tort action without prejudice. When the present appeal was lodged, plaintiff moved to dismiss the appeal. Our opinion denying that motion (248 So.2d 845) sets forth the pertinent facts of this case as follows:

"Leon Levy sued Gene Stelly and his employer, Southern Pacific Company, for damages sustained...

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