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DAVID SHELTON AMVETS POST 60 v. SAM

No. 7642.

389 So.2d 785 (1980)

DAVID SHELTON AMVETS POST 60, Plaintiff and Appellant, v. Mrs. Andrus SAM, Defendant and Appellee.

Court of Appeal of Louisiana, Third Circuit.

Writ Refused December 5, 1980.

Attorney(s) appearing for the Case

Otha Curtis Nelson, Sr., of Simmons, Nelson & Dunn, Baton Rouge, for plaintiff and appellant.

Kimball, McLeod & Dow, William L. McLeod, Jr., Lake Charles, for defendant and appellee.

Before CULPEPPER, SWIFT and DOUCET, JJ.

CULPEPPER, Judge.

The David Shelton Amvets Post 60 sues Mrs. Andrus Sam for $2,900, representing a Bingo game jackpot allegedly won by her through fraud. The trial judge found plaintiff failed to prove fraud. Plaintiff appeals.

The substantial issues on appeal are: (1) Does plaintiff have the burden of proving fraud? (2) If so, did plaintiff prove fraud? (3) Did the trial court err in denying the motion for a new trial?

The plaintiff contends it is...

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