GREMILLION v. TOWN OF COTTONPORT

No. 82-186.

420 So.2d 1302 (1982)

Kenneth A. GREMILLION and Laura Moreau Gremillion, Plaintiffs-Appellants, v. TOWN OF COTTONPORT, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

October 13, 1982.


Attorney(s) appearing for the Case

William J. Bennett, Marksville, for plaintiffs-appellants.

David E. Chatelain, Moreauville, for defendant-appellee.

Before FORET, CUTRER and STOKER, JJ.


FORET, Judge.

Kenneth Gremillion and his wife, Laura Gremillion, (plaintiffs) appeal from a judgment of the trial court sustaining a peremptory exception of res judicata filed by defendant, the Town of Cottonport. We reverse.

The sole issue is whether the trial court committed manifest error in sustaining defendant's peremptory exception of res judicata.

FACTS

Plaintiffs, on December 16, 1981, filed a "PETITION FOR DAMAGES" alleging

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