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JACKSON v. D'AUBIN

No. 10271.

316 So.2d 476 (1975)

Virgil T. JACKSON, Jr., etc. v. Leo G. D'AUBIN et al.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied August 26, 1975.

Attorney(s) appearing for the Case

C. Alvin Tyler, Baton Rouge, for defendant-appellant, D'Aubin.

Eugene R. Groves, Baton Rouge, for plaintiff-appellee.

Lehman Preis, Baton Rouge, for defendants-appellees Jackson & Rainold.

Leonard P. Avery, New Orleans, for defendant-appellee, U.S.A.

James K. McCay, Baton Rouge, for defendant-appellee L.N.B.

Joseph F. Keogh and Ed. Fetzer, City Parish Attys., for defendant-appellee City Depts., Individ., as appellee.

Before, LOTTINGER, COVINGTON, JJ., and BAILES, J. pro tem.

On Motion to Dismiss the Appeal

BAILES, Judge Pro Tem.

Before us at this time is a motion to dismiss the devolutive appeal of Leo G. D'Aubin on the ground that the judgment recognizing movers as being entitled to the balance of certain proceeds of a partition sale has been executed through distribution of said proceeds to movers after the delay for suspensive appeal elapsed. The movers contend no devolutive appeal lies from the executed judgment.

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