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CONSOLIDATED MARKETING, INC. v. BUSI

No. 11722.

256 So.2d 695 (1972)

CONSOLIDATED MARKETING, INC., Plaintiff-Appellee, v. Herbert Johnn BUSI, III, d. b. a. Herby-K Enterprises, Inc., Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied February 1, 1972.

Attorney(s) appearing for the Case

Gerhardt & Walker by C. William Gerhardt, Shreveport, for defendant-appellant.

Armand W. Roos, Jr., Shreveport, for plaintiff-appellee.

Before AYRES, HEARD and HALL, JJ.

En Banc. Rehearing Denied February 1, 1972.

AYRES, Judge.

This appeal by defendant from a judgment rendered in plaintiff's favor on a confirmation of a default presents a question as to the timely filing of a motion for a new trial.

Plaintiff instituted this action on May 3, 1971, against the defendant on an open account alleging an indebtedness of $2,773.70. Personal service was made on the defendant on May 5, 1971. A preliminary default was entered...

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