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SARRATT v. CAPPAERT ENTERPRISES

No. 83-CA-477.

442 So.2d 783 (1983)

Wayne G. SARRATT v. CAPPAERT ENTERPRISES.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied January 17, 1984.

Writ Denied March 16, 1984.

Attorney(s) appearing for the Case

W. Keith J. Hurtt, Jr., Metairie, for plaintiff-appellant.

James C. Murphy, Jr., New Orleans, for defendant-appellee.

Before CHEHARDY, GAUDIN and DUFRESNE, JJ.

DUFRESNE, Judge.

This is an appeal by the legal successors of Wayne G. Sarratt, deceased plaintiff, from a judgment dismissing his suit in tort against F.L. Cappeart and his insurer, Home Indemnity Co., defendants, for failure of the above successors to timely substitute themselves as parties plaintiff in accordance with La.Code Civil Procedure Arts. 802-804. Because we find that the defendants failed to properly summon the successors as required by the above articles...

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