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MICHEL v. HOME TOWN SUPERMARKET, INC.

No. 86-CA-44.

493 So.2d 142 (1986)

Linda Reck MICHEL, Individually and as Administratrix of the Estate of Euclid J. Michel, Deceased, and as Tutrix of the Minor Children, April Lynn Michel, Pamela Ann Michel, Euclid J. Michel, Jr., Connie Louise Michel, and Christian Stephen Michel v. HOME TOWN SUPERMARKET, INC., et als.

Court of Appeal of Louisiana, Fifth Circuit.

Writ Denied September 19, 1986.

Attorney(s) appearing for the Case

Jerome K. Lipsich, Sessions, Fishman, Rosenson, Boisfontaine, Nathan and Winn, New Orleans, for plaintiffs-appellants.

Ernest L. O'Bannon and John C. Tollefson, Bienvenu, Foster, Ryan & O'Bannon, New Orleans, for defendants-appellees.

Thomas Keasler Foutz, Michael Robinson, New Orleans, for plaintiffs-appellants.

Before CHEHARDY, BOWES and GRISBAUM, JJ.

BOWES, Judge.

Plaintiffs appeal a judgment of the trial court dismissing their suit as abandoned under LSA C.C.P. art. 561. That article states in pertinent part:

A. An action is abandoned when the parties fail to take any step in its prosecution or defense in the trial court for a period of five years...

We reverse the judgment of the district court and remand the case for further proceedings.

Plaintiff, Linda Michel, individually and as...

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