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GUEDRY FINANCE CO., INC. v. SANDERSON

No. 8763.

357 So.2d 1338 (1978)

GUEDRY FINANCE COMPANY, INC. v. Oscar M. SANDERSON.

Court of Appeal of Louisiana, Fourth Circuit.

April 11, 1978.

Attorney(s) appearing for the Case

Warren M. Simon Jr., Metairie, for Guedry Finance Company, Inc., plaintiff-appellant.

George J. G. Roux, New Orleans, for the Legal Successors of Oscar M. Sanderson, defendant-appellee.

Before GULOTTA, STOULIG and BOUTALL, JJ.

BOUTALL, Judge.

Defendant heirs of Oscar M. Sanderson obtained an ex parte order dismissing plaintiff's suit as abandoned under C.C.P. Art. 561. Plaintiff filed a rule nisi questioning the validity of that order, and judgment was rendered dismissing the rule and maintaining the order of dismissal of suit. Plaintiff appeals.

The pertinent facts are that Guedry Finance Company, Inc. filed a suit on a promissory note January 21, 1971, and the sheriff returned...

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