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LEDET v. FIREMEN'S INSURANCE CO. OF NEWARK, NEWARK, N.J.

No. 7180.

327 So.2d 645 (1976)

Horace P. LEDET, Jr., Individually and for and on behalf of his minor child, Cheryl Ann Ledet v. FIREMEN'S INSURANCE COMPANY OF NEWARK, NEW JERSEY.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied March 16, 1976.

Writ Refused April 30, 1976.

Attorney(s) appearing for the Case

Lee C. Grevemberg, New Orleans, for plaintiff-appellant.

Christovich & Kearney, C. Edgar Cloutier, New Orleans, for defendant-appellee.

Before REDMANN, STOULIG and BEER, JJ.

STOULIG, Judge.

This appeal concerns the correctness of a judgment dismissing plaintiff's personal injury suit for failure to take any step to further its prosecution for five years. C.C.P. art. 561, the law on which the action is grounded, provides:

"An action is abandoned when the parties fail to take any steps in its prosecution or defense in the trial court for a period of five years. This provision shall be operative without formal order, but on ex parte...

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