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EXCEL BARONNE DISCOUNT, INC. v. MONTANA

No. 5544.

279 So.2d 229 (1973)

EXCEL BARONNE DISCOUNT, INC. v. Bernice MONTANA.

Court of Appeal of Louisiana, Fourth Circuit.

June 5, 1973.

Attorney(s) appearing for the Case

Sidney A. Cotlar, Herman & Herman, New Orleans, for plaintiff-appellee.

Patrick M. Reily, Polack, Rosenberg & Rittenberg, New Orleans, for Orleans Parish School Board—Garnishee.

Before REDMANN, LEMMON and STOULIG, JJ.

REDMANN, Judge.

An employer garnished under fi. fa. appeals from a judgment condemning it for payments under R.S. 13:3881(1) as worded when garnishment occurred, rather than after amendment by La.Acts 1970, No. 242.

Pending this appeal, Hooter v. Wilson, La., 273 So.2d 516 (1972), held the amendment applicable to existing garnishments.

The judgment appealed from is reversed and the judgment creditor's rule is dismissed...

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