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AMERICAN MOTORISTS INS. CO. v. MILLER

No. 11479.

395 So.2d 469 (1981)

AMERICAN MOTORISTS INSURANCE COMPANY et al. v. Carl E. MILLER.

Court of Appeal of Louisiana, Fourth Circuit.

February 10, 1981.

Attorney(s) appearing for the Case

Dominic J. Gianna, Hammett, Leake & Hammett, New Orleans, for plaintiffs-appellants.

Jacob J. Amato, Jr., Amato & Creely, Gretna, Thomas L. Giraud, Giraud, Cusimano, Verderame & Loev, New Orleans, for defendant-appellee.

Before SAMUEL, REDMANN and BOUTALL, JJ.

REDMANN, Judge.

The owners of two automobiles that collided sued each other the same day, February 22, 1978. One's insurer joined him in this suit in New Orleans First City Court. The other owner (defendant in this suit) sued in the Orleans Civil District Court.

This suit resulted in a default judgment on January 4, 1979. On December 4, 1979, defendant brought an action to annul for ill practice, La.C.C.P. 2004....

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