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GARRETT v. AUDIRSCH

No. 12213.

290 So.2d 399 (1974)

Nelda Lasyone GARRETT, Individually and as tutrix of the minor, Lynn Ray Lasyone, Plaintiff-Appellant, v. Benny P. AUDIRSCH, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

February 12, 1974.

Attorney(s) appearing for the Case

Charles B. Bice, Winnfield, for plaintiff-appellant.

Watson, Murchison, Crews & Arthur, by William P. Crews, Jr., Natchitoches, for Benny P. Audirsch, Hanover Ins. Co., and Chick-A-Dilly of Winnfield, Inc.

Before AYRES, HALL and WILLIAMS, JJ.

AYRES, Judge.

This appeal by plaintiff is from a judgment sustaining a motion by one of defendants for a summary judgment. The only question presented is whether there is involved a genuine issue of a material fact. The rule of law in matters of this character as stated in LSA-C.C.P. Art. 966 is to the effect that wherein summary judgments are sought:

"* * * ". . . The judgment sought shall be rendered forthwith if the pleadings, depositions, answers...

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