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LOPEZ v. SOUTHERN NATURAL GAS COMPANY

No. 5900.

287 So.2d 211 (1973)

John B. LOPEZ v. SOUTHERN NATURAL GAS COMPANY et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied January 8, 1974.

Attorney(s) appearing for the Case

A. S. Cain, Jr., New Orleans, for John B. Lopez, et al., plaintiffs-appellants.

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, John J. Weigel, New Orleans, for Southern Natural Gas Co., defendant-appellee and third-party plaintiffappellant.

Francipane, Regan & St. Pee, Chester Francipane, Metairie, for Circle, Inc., defendant-appellee.

Before GULOTTA and STOULIG, JJ., and BAILES, J. pro tem.

GULOTTA, Judge.

The trial judge dismissed plaintiffs' action and a third-party petition for lack of prosecution for a period of five years in accordance with the provisions of LSA-C. C.P. art. 561.1 Both plaintiff and the third-party petitioner appeal. We reverse.

Plaintiffs contend that they cannot be charged with having abandoned or failing to prosecute their claim since the matter...

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