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GIBSON v. VALENTINE SUGARS, INC.

No. CA-3951.

485 So.2d 620 (1986)

Eugene GIBSON v. VALENTINE SUGARS, INC., et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied April 16, 1986.

Writ Denied June 13, 1986.

Attorney(s) appearing for the Case

Sessions, Fishman, Rosenson, Boisfontaine, Nathan & Winn, Jerome K. Lipsich, New Orleans, for plaintiff-appellant Eugene Gibson.

Chaffe, McCall, Phillips, Toler & Sarpy, Peter A. Feringa, Jr., Jonathan C. McCall, New Orleans, for defendants-appellees Valentine Sugars, Inc., et al.

Before REDMANN, C.J., and KLEES and LOBRANO, JJ.

KLEES, Judge.

This appeal arises from a judgment dismissing plaintiff's action for lack of prosecution under Code of Civil Procedure article 561. The issue on appeal is whether an attempt to file a request for production of documents constitutes a "step" in the prosecution of an action.

Plaintiff, Eugene Gibson, filed suit against Valentine Sugars, Inc., (Valentine), and United States Fidelity & Guaranty Company (USF & G), Valentine's liability and...

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