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DIFFERDING v. STATE, DEPT. OF PUBLIC SAFETY

No. 12914.

398 So.2d 574 (1980)

Lynn G. DIFFERDING v. STATE of Louisiana, DEPARTMENT OF PUBLIC SAFETY through Malcolm R. Millet, Director.

Court of Appeal of Louisiana, First Circuit.

July 7, 1980.

Attorney(s) appearing for the Case

Douglas H. Greenburg, Houma, for plaintiff and appellee.

Foye L. Lowe, Jr., Associate Gen. Counsel, Baton Rouge, for defendant and appellant.

Before ELLIS, CHIASSON and PONDER, JJ.

ELLIS, Judge.

ON REHEARING

We granted rehearing herein because we were advised for the first time in the applications for rehearing, that plaintiff had died prior to oral argument herein. Of course, a personal non-heritable action is abated by the death of the plaintiff. There was, therefore, nothing for this court to rule on when our original opinion was handed down.

The opinion is therefore withdrawn...

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