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JOHNSON v. BERG MECHANICAL INDUSTRIES

No. 35,290-CA.

803 So.2d 1067 (2001)

Minor JOHNSON, Plaintiff-Appellant, v. BERG MECHANICAL INDUSTRIES and Atlas Processing Company, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

December 19, 2001.

Attorney(s) appearing for the Case

David Noles, Shreveport, Counsel for Appellant.

Danny Lazarus, Plaintiff-Appellee.

Greer & Frazier, by John Frazier, Counsel for Appellee Berg, Inc.

Smitherman Law Firm, by W James Hill, III, Shreveport, Counsel for Appellee Atlas Processing Co.

Before WILLIAMS, STEWART and DREW, JJ.

DREW, J.

The primary issue in this appeal by Minor Johnson is whether the trial court erred in dismissing his tort action as abandoned. The plaintiff also complained that the trial court incorrectly declined to hold a hearing to consider the ex parte motion for dismissal. For the following reasons, the judgment is reversed and the matter is remanded for further proceedings.

An employee of Berg, Inc., Minor Johnson...

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