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ESTOPINAL v. THOMAS

No. 5264.

273 So.2d 54 (1973)

Albert H. ESTOPINAL v. Wayne M. THOMAS and Liberty Mutual Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

February 6, 1973.

Attorney(s) appearing for the Case

Sehrt, Boyle, Wheeler & Butler (Richard J. Ganucheau), New Orleans, for plaintiff-appellant.

Bruce J. Borrello, Stephen L. Huber, James J. Morse, New Orleans, for Wayne M. Thomas and Liberty Mutual Ins. Co., defendants-appellees.

Before SAMUEL, GULOTTA and SCHOTT, JJ.

SCHOTT, Judge.

The plaintiff's suit for damages resulting from an automobile accident was dismissed by the trial court. Plaintiff appealed on the sole ground that the trial judge erred in denying a written motion for continuance filed on the day before trial and reading as follows:

"Plaintiff intends to call as a witness Elaine Stevens, formerly residing at 3004½ Annette Street, New Orleans, Louisiana. Despite the exercise of due diligence, Plaintiff...

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