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BEL v. GROS

No. 7485.

339 So.2d 964 (1976)

Clyde BEL, Sr., Constable, First City Court v. Nat GROS, Clerk of Court, First City Court.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied December 14, 1976.

Writ Refused February 11, 1977.

Attorney(s) appearing for the Case

Roger B. Jacobs, New Orleans, for plaintiff-appellee.

Sidney I. Goldman, New Orleans, for defendant-appellant.

Before REDMANN, LEMMON and BOUTALL, JJ.

ON REHEARING

REDMANN, Judge.

The Clerk and the Constable of the First City Court differed in their interpretations of La.C.C.P. 1292. The Constable therefore applied to his court for a ruling. The court convened itself en banc and ruled that the Clerk should accept, as a "return" within C.C.P. 1292 (see also art. 1293) and therefore part of the record, the Constable's physical return to the Clerk of any document given the Constable for service which the...

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