BUTTS v. CUMMINGS

No. 13574.

360 So.2d 534 (1978)

Henry L. BUTTS et al., Plaintiffs-Appellants, v. Dr. Anna D. CUMMINGS et al., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

June 5, 1978.


Attorney(s) appearing for the Case

Gamm, Greenberg & Kaplan by Jack H. Kaplan, Shreveport, for plaintiffs-appellants.

Wilkinson, Carmody & Peatross by Arthur R. Carmody, Jr., Shreveport, for defendants-appellees.

Before BOLIN, PRICE and MARVIN, JJ.


BOLIN, Judge.

The only issue before us is whether, under the particular facts of this case, the trial court abused its discretion in dismissing with prejudice plaintiffs' action against a defendant as a sanction for plaintiffs' failure to comply with a previous court order compelling answers to interrogatories propounded by that defendant. Plaintiffs appeal the trial court's order of dismissal and we set aside the order and remand.

In December 1975 plaintiffs...

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