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ALLSTATE INS. CO. v. THERIOT

No. 63466.

376 So.2d 950 (1979)

ALLSTATE INSURANCE COMPANY (Melvin Moore), Intervenor-Appellant-Relator, v. Cyrus A. THERIOT et al., Defendants-Appellees-Respondents.

Supreme Court of Louisiana.

Rehearing Denied November 1, 1979.

Attorney(s) appearing for the Case

Robert N. Ryan, H. F. Foster, III, Bienvenu, Foster, Ryan & O'Bannon, New Orleans, for defendant-respondent Empire Fire & Marine Ins. Co.

James L. Donovan, Porteous, Toledano, Hainkel & Johnson, New Orleans, for defendants-respondents.

Gerald J. Martinez, Metairie, for applicant-intervenor, Melvin Moore.

TATE, Justice.

Two principal issues are presented to us concerning the intervention under La.C. Civ.P. arts. 1091-94, an incidental action permitted by Article 1031 of the Louisiana Code of Civil Procedure of 1960:

I. If the principal action is dismissed, does the intervention fall also?

II. If the principal action in tort is filed within the prescriptive year but does not state a cause of action for the plaintiff, is an intervention that does<...

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