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HILL v. GREEN

No. 52349.

275 So.2d 407 (1973)

Ruth G. HILL, wife of Thomas Barberito v. Barbara GREEN (Feme Sole) and Colonial American Life Insurance Company.

Supreme Court of Louisiana.

March 26, 1973.

Attorney(s) appearing for the Case

Levy, Smith & Pailet, Lawrence J. Smith, New Orleans, for defendant-applicant.

Dufour, Levy, Marx, Lucas & Osborne, Leonard B. Levy, Charles A. Arceneaux, New Orleans, for plaintiff-respondent.

BAILES, Justice.

This is a tort action in which the sole issue before us is whether plaintiff is entitled to have her suit tried by jury. More narrowly stated, the question for our resolution is whether plaintiff's request for a jury trial was timely under the provisions of LSA-C.C.P. Article 1732.

The trial judge refused to sign the order for the jury trial, and after contradictory hearing on a rule nisi obtained against defendants by plaintiff, the trial...

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