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FERRIS v. PRICE

No. 7532.

337 So.2d 591 (1976)

Miriam J. Mauthe, wife of and Christopher C. FERRIS v. Roy L. PRICE.

Court of Appeal of Louisiana, Fourth Circuit.

August 31, 1976.

Attorney(s) appearing for the Case

William J. Manion, Metairie, for plaintiffs-appellants.

Montgomery, Barnett, Brown & Read, Thomas N. Lennox and Nathan T. Gisclair, Jr., New Orleans, for defendant-appellee.

Before REDMANN, BOUTALL and SCHOTT, JJ.

SCHOTT, Judge.

Plaintiffs have appealed from a judgment maintaining an exception of lis pendens filed in response to their "Petition for Breach of Contract" on August 28, 1975. Giving rise to the exception was a suit by the same plaintiffs against the same defendant, initiated in July, 1972, by the filing of a "Petition of Suit in Negligence." Now the question is whether the trial court correctly applied the following provisions of LSA-C.C.P. Art. 531:

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