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MELANCON v. CONTINENTAL CASUALTY CO.

No. 9835.

295 So.2d 883 (1974)

Jesse MELANCON v. CONTINENTAL CASUALTY CO. et al.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied July 3, 1974.

Writ Granted September 18, 1974.

Attorney(s) appearing for the Case

Carlos G. Spaht, Baton Rouge, for defendant-relator.

Arthur Cobb, Baton Rouge, for plaintiffs-respondents.

Before LANDRY and SARTAIN, JJ., and BAILES, Judge Pro Tem.

BAILES, Judge Pro Tem.

This matter is before us on a writ of certiorari which we issued for the purpose of examining the validity of the trial court's action denying the relators' (defendant's) motion to dismiss this suit for lack of prosecution for five years under the provisions of LSA-C.C.P. Article 561.

For a proper understanding of the issue before us an explanation of its background is in order.

This suit had its inception as a tort action filed...

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