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CAMAILLE v. SHELL OIL CO.

No. 88-CA-876.

542 So.2d 663 (1989)

Emile J. CAMAILLE, Jr. v. SHELL OIL COMPANY and the Travelers Insurance Company.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied May 17, 1989.

Writ Denied June 30, 1989.

Attorney(s) appearing for the Case

Emile J. Camaille, Jr., Covington, in pro per.

James J. Morse, New Orleans, for defendants-appellees.

Before BOWES, GAUDIN and GOTHARD, JJ.

GAUDIN, Judge.

The only issue involved in this appeal is whether the trial judge correctly dismissed plaintiff Emile Camaille's case because of a five-year failure to prosecute.

LSA-C.C.P. art. 561 is quite clear. It reads:

"An action is abandoned when the parties fail to take any step in its prosecution or defense in a trial court for a period of five years, unelss it is a succession proceeding: 1) which has been opened;

2) in...

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