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WOLINSKI v. FLEMING

No. 12566.

405 So.2d 1110 (1981)

Anna WOLINSKI v. Pauline FLEMING, Pauline Fleming d/b/a Bill & Pauline's Lounge, Pauline Fleming d/b/a the Playgirl Lounge and Phyllis Smith.

Court of Appeal of Louisiana, Fourth Circuit.

October 5, 1981.

Attorney(s) appearing for the Case

David Band, Jr., New Orleans, for plaintiff-appellant.

Before REDMANN, SCHOTT and KLEES, JJ.

SCHOTT, Judge.

Plaintiff appeals from a dismissal of her suit for damages she sustained when allegedly beaten by defendants Pauline Fleming and Phyllis Smith. In this court she has abandoned her appeal against Fleming, and seeks a reversal as to Smith primarily on the basis that Smith as a party failed to appear and testify, giving rise to a presumption against Smith.

Plaintiff testified: She went to defendant Fleming...

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