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INTERN. MATEX TANK TERMINALS v. SYSTEM FUELS, INC.

No. 80-C-1927.

398 So.2d 1029 (1981)

INTERNATIONAL MATEX TANK TERMINALS v. SYSTEM FUELS, INC.

Supreme Court of Louisiana.

May 18, 1981.

Attorney(s) appearing for the Case

Herschel L. Abbott, Jr. and R. Patrick Vance of Jones, Walker, Waechter & Poitevent, Carrere & Denegre, Nat G. Kiefer of Kiefer, Glorioso & Fleming, New Orleans, for defendant-relator.

Leon C. Vial, Hahnville, Charles Johnson of Coleman, Dutrey, Thomson, Meyer & Jerisich, New Orleans, for plaintiff-respondent.

CALOGERO, Justice.*

In this summary eviction proceeding we must determine whether defendant's having filed a peremptory exception of no right of action simultaneously with the declinatory exceptions of lack of venue and lis pendens caused a waiver of the declinatory exceptions.

On July 8, 1980, plaintiff, International Matex Tank Terminals, filed a petition to evict the lessee, defendant System Fuels, Inc. On July 29, 1980, the...

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