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THIBAUT v. THIBAUT

No. CA 85 1081.

486 So.2d 180 (1986)

John E. THIBAUT, et al. v. James H. THIBAUT, et al.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied April 29, 1986.

Writ Denied June 20, 1986.

Attorney(s) appearing for the Case

Daniel J. Nail, Triche, Sternfels and Nail, Napoleonville, for plaintiff John E. Thibaut, appellant.

Vincent J. Sotile, Talbot, Sotile, Carmouche, Marchand, Marcello, Donaldsonville, James M. Fantaci, McGlinchey, Stafford, Mintz, Cellini and Lang, Charles F. Trensted, Barham and Churchill, New Orleans, for defendant James Thibaut, appellee.

Before LOTTINGER, COLE and CRAIN, JJ.

COLE, Judge.

There are two questions presented by this appeal. The initial question is whether a proxy containing alleged typographical errors as to the date of the proxy's execution and use may be deemed "regular on its face ..." as required by La.R.S. 12:75 C(4). The additional question is whether a proxy issued by an owner in indivision of two shares of stock, purporting to allow the proxy holder to vote two-thirds of a share, allows the proxy holder to vote the...

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