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W.B. McCARTNEY OIL COMPANY, INC. v. RENFROW

No. 4437.

284 So.2d 96 (1973)

W. B. McCARTNEY OIL COMPANY, INC., Plaintiff-Appellant, v. Brantley G. RENFROW, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

October 15, 1973.

Attorney(s) appearing for the Case

Gaharan & Richey by Joseph Wilson, Jena, for plaintiff-appellant.

Smith, Taliaferro, Seibert & Boothe by Leo Boothe, Jonesville, for appellee.

Before FRUGÉ, HOOD and MILLER, JJ.

ON MOTION TO REMAND

MILLER, Judge.

Plaintiff appellant W. B. McCartney Oil Company, Inc. filed a motion to remand this suit to the District Court to retake certain testimony. The motion is unopposed. We remand.

McCartney alleges in its Motion to Remand that, at trial of this case, unbeknown to counsel and to the court reporter, the recording device was not properly functioning. Certain indispensable testimony is unavailable for transcription. McCartney...

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