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ESTATE OF RICHARD v. RICHARD

No. 5166.

321 So.2d 375 (1975)

ESTATE of John E. RICHARD, Plaintiff-Appellant, v. Joseph Willie RICHARD, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied November 13, 1975.

Attorney(s) appearing for the Case

Octave Pavy and Leon S. Haas, Jr., Opelousas, for plaintiff appellant.

Olivier & Brinkhaus by John L. Olivier, Sunset, for defendant appellee.

Before HOOD, CULPEPPER, and MILLER, JJ.

MILLER, Judge.

Plaintiff, the dative testamentary executor of the Succession of John E. Richard, appeals the judgment sustaining defendant Joseph Willie Richard's exception of no right of action. We set aside the ruling and remand.

Other issues were ruled on by the trial court, but we do not consider these because the ruling was interlocutory in nature and no irreparable injury is alleged. LSA-C.C.P. arts. 1841 and 2083; In re Perovich Adoption,

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