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TERRY v. SLIDELL REFRIGERATION AND HEATING, INC.

No. 9089.

271 So.2d 535 (1972)

Edward E. TERRY, Plaintiff-Appellant, v. SLIDELL REFRIGERATION AND HEATING, INC. and Slidell Metal Fabricators, Inc., Defendants-Appellees.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied January 31, 1973.

Writ Refused March 8, 1973.

Attorney(s) appearing for the Case

Martin A. Smith, Jr., Slidell, for plaintiff-appellant.

Sidney W. Provensal, Jr., New Orleans, for defendants-appellees.

Before LANDRY, SARTAIN and TUCKER, JJ.

SARTAIN, Judge.

Appellees filed a motion to dismiss the appeal in this case in the form of the peremptory exception of no right of action under Code of Civil Procedure Article 2163. This Article gives the appellate court the power to consider the peremptory exception filed for the first time in that court.

It appears that judgment in favor of defendant-appellee was signed below on February 18, 1972. Motion for a devolutive appeal was signed March 17, 1972...

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