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CHEVRON OIL CO. v. TRAIGLE

Nos. 83-C-0161, 83-C-0164, 83-C-0169 and 83-C-0172.

436 So.2d 530 (1983)

CHEVRON OIL COMPANY v. Joseph N. TRAIGLE, Collector of Revenue, State of Louisiana. PELTO OIL COMPANY v. Joseph N. TRAIGLE, Collector of Revenue, State of Louisiana. SOUTH COAST CORPORATION v. Joseph N. TRAIGLE, Collector of Revenue, State of Louisiana. EXCHANGE OIL AND GAS CORPORATION v. Joseph N. TRAIGLE, Collector of Revenue, State of Louisiana.

Supreme Court of Louisiana.

Rehearing Denied September 1, 1983.

Attorney(s) appearing for the Case

M. Truman Woodward, Jr., Charles A. Snyder, J. Grant Coleman, Milling, Benson, Woodward, Hillyer, Pierson & Miller, New Orleans, for applicant in No. 83-C-0161.

Thomas C. Keller, William M. Backstrom, Jr., Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, for applicant in No. 83-C-0164.

Gordon O. Ewin, James A. Babst, Harry R. Holladay, Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, for applicants in Nos. 83-C-0169 and 83-C-0172.

Trudy M. White, Baton Rouge, for respondents in all cases.

Riley F. Boudreaux, Jr., Baton Rouge, for respondents in Nos. 83-C-0161 and 83-C-0164.

DENNIS, Justice.

The issue presented by this case is whether submission of an already abandoned suit for decision constitutes a waiver by the defendant of his right to seek a dismissal for failure to prosecute under article 561 of the Code of Civil Procedure. The trial judge answered this question in the negative and dismissed the plaintiffs' suits. The court of appeal affirmed. 424 So.2d 1221 (La.App. 1st Cir.1982). We reverse...

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