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DUCOTE v. CALLICO

No. 6473.

307 So.2d 642 (1974)

Marie Louise Gaye wife of/and Adrast DUCOTE, Jr. v. Ciro P. CALLICO and Louis A. Cardileone.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Granted in Part and Denied in Part September 11, 1974.

Attorney(s) appearing for the Case

August J. La Nasa, New Orleans, for plaintiffs-appellees.

Von Hoene & Garner (Dan C. Garner), New Orleans, for defendants-appellants.

Before GULOTTA, BOUTALL and SCHOTT, JJ.

SCHOTT, Judge.

The suspensive appeal was taken by lessees from a judgment of eviction taken against them by appellees on March 25, 1974. Appellees have moved to dismiss the suspensive appeal on grounds that 1) the answer filed in the trial court by appellants was not "under oath, pleading an affirmative defense entitling [them] to retain possession of the premises" and 2) the appeal was not taken within 24 hours of the rendition

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