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SOCONY MOBIL OIL CO., INC. v. BURDETTE

No. 9824.

295 So.2d 854 (1974)

SOCONY MOBIL OIL CO., INC. v. Joseph R. BURDETTE.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied July 3, 1974.

Attorney(s) appearing for the Case

Walton J. Barnes, Baton Rouge, for appellant.

E. Drew McKinnis, Baton Rouge, for appellee.

Before LANDRY, ELLIS and PICKETT, JJ.

LANDRY, Judge.

This appeal by plaintiff, Socony Mobil Oil Company, Inc. (Appellant), is from judgment dismissing Appellant's action to revive and reinscribe a judgment against defendant, Joseph R. Burdette (Debtor), which dismissal was predicated upon Debtor's plea of discharge in bankruptcy. We reverse.

The pivotal issue presented is who bears the burden of proof in an action to revive a judgment following the debtor's discharge in bankruptcy?

Relying...

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