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SCARBOROUGH v. DUKE

No. 87-725.

514 So.2d 489 (1987)

Loy SCARBOROUGH & Hess Curry & the American Bank and Trust Company of Monroe, Plaintiffs-Appellees, v. John A. DUKE, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

August 18, 1987.

Attorney(s) appearing for the Case

Charles J. Schrader, Houma, Patrick L. Durusau, Jena, for defendant-appellant.

Norman Magee, Ferriday, James A. Hobbs, West Monroe, Chet D. Traylor, Winnsobor, Iriving Ward-Steinman, Alexandria, James E. Wright, Jr., Bienvenu & Culver, P.A. Bienvenu, New Orleans, for plaintiffs-appellees.

Before STOKER, DOUCET and KNOLL, JJ.

STOKER, Judge.

MOTION TO DISMISS

The plaintiffs-appellees, Loy Scarborough, Hess Curry, and the American Bank and Trust Company in Monroe, move to dismiss the appeal of John A. Duke, defendant-appellant, on the grounds no appeal lies from a dismissal of a suit for lack of prosecution under LSA-C.C.P. Art. 561.

The plaintiffs filed suit on December 14, 1970. The appellant answered and subsequently filed a reconventional demand on March 11, 1971. After...

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