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BAKER v. PAYNE & KELLER OF LOUISIANA, INC.

No. 13060.

381 So.2d 859 (1980)

Frances Mathews BAKER v. PAYNE AND KELLER OF LOUISIANA, INC., Georgia Pacific, Inc., Maryland Casualty Company et al.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied March 31, 1980.

Writ Granted May 19, 1980.

Attorney(s) appearing for the Case

John D. Kopfler, Maurice D. Robinson, Jr., Hammond, for plaintiff-appellant Frances Mathews Baker.

William J. Doran, Jr., William T. Kivett, Baton Rouge, for intervenor-appellant Maryland Casualty Co.

John S. White, Jr. of Kennon, White & Odom, Baton Rouge, for defendants-appellees Payne & Keller of La., Inc. and Maryland Casualty Co.

W. S. McKenzie of Taylor, Porter, Brooks & Phillips, Baton Rouge, for defendant-appellee A. J. Elisar.

David W. Robinson of Watson, Blanche, Wilson & Posner, Baton Rouge, for defendant-appellee Danny Reagan.

Vincent P. Fornias, Gerald L. Walter, Jr., of Kantrow, Spaht, Weaver & Walter, Baton Rouge, for defendants-appellees Georgia Pacific Corp. and Hartford Accident & Indemnity Co.

Horace C. Lane of Lane & Clesi, Baton Rouge, for defendant-appellee Roger Newman.

Before COVINGTON, LOTTINGER and COLE, JJ.

LOTTINGER, Judge.

This is a wrongful death action. The trial court dismissed plaintiff's and intervenor's suits on a plea of prescription and both parties have appealed.

Two issues are presented on appeal: (1) Whether this appeal should be dismissed ex proprio motu because plaintiff and intervenor both took appeals from the trial court's judgment refusing to grant a new trial, a judgment which is considered non-appealable; and (2) if the appeal is not...

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