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BAILEY v. AMERICAN SUGAR REFINERY

No. 7846.

342 So.2d 1268 (1977)

Manuel BAILEY v. AMERICAN SUGAR REFINERY, a/k/a Amstar Corporation.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied March 15, 1977.

Writ Not Considered May 5, 1977.

Attorney(s) appearing for the Case

Gertler & Gertler, M. H. Gertler, Richard H. Levenstein, New Orleans, for Manuel Bailey.

Chaffe, McCall, Phillips, Toler & Sarpy, G. Phillip Shuler, III, New Orleans, for American Sugar Refinery, a/k/a Amstar Corp.

Before BOUTALL, LEMMON and STOULIG, JJ.

BOUTALL, Judge.

This is an appeal from a judgment of the trial court that maintained the defendant's exception of prematurity and dismissed plaintiff's suit.

On June 17, 1975, plaintiff-appellant Manuel Bailey filed a "Petition for Recovery of Wages" seeking his vacation pay from his former employer, American Sugar Refinery, plus penalties and attorney's fees for defendant's arbitrary refusal to pay. Defendant filed exceptions of prescription, prematurity...

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