DUFFY v. THROWBRIDGE

No. 57900.

335 So.2d 30 (1976)

Mark D. DUFFY, Plaintiff-Appellee-Relator, v. George E. THROWBRIDGE and Allstate Insurance Company, Defendants-Appellants-Respondents.

Supreme Court of Louisiana.

Dissenting Opinion July 28, 1976.


Attorney(s) appearing for the Case

Felicien P. Lozes, Drury, Lozes & Curry, New Orleans, for defendants-respondents.

Steven R. Plotkin, New Orleans, for plaintiff-applicant.


TATE, Justice.

We granted certiorari, 327 So.2d 649 (1976), primarily to review whether a party has the right to oral argument when a case is "reargued" in the court of appeal, when so required by Article 5, Section 8(B) of the Constitution of 1974:

Section 8(B) provides: "A majority of the judges sitting in a case must concur to render judgment. However, when a judgment of a district court is to be modified...

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