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TRAINER v. UNIVERSAL BOX AND PACKAGING CORP.

No. 12039.

272 So.2d 435 (1973)

Dempsey L. TRAINER, Plaintiff-Applicant, v. UNIVERSAL BOX AND PACKAGING CORPORATION, George A. Haddad, Jr. and Arthur A. Pozzi Company, Intervenors-Respondents.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied February 6, 1973.

Attorney(s) appearing for the Case

Robert A. Booth, Jr., Shreveport, for plaintiff-applicant.

Gamm, Greenberg & Kaplan by Jack H. Kaplan, Shreveport, for intervenor-respondent George A. Haddad, Jr.

Cook, Clark, Egan, Yancey & King by Sidney B. Galloway, Shreveport, for intervenor-respondent Arthur A. Pozzi Co.

Before AYRES, BOLIN, PRICE, HEARD and HALL, JJ.

En Banc. Rehearing Denied February 6, 1973.

HALL, Judge.

The central issue presented by this writ application is whether plaintiff in this suit for executory process has a right to dismiss the suit and withdraw the note sued on where the defendant made no appearance but where other parties filed interventions which were pending at the time of filing the ex parte motion to dismiss. The district court, after originally granting plaintiff's motion to dismiss...

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