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SEAWARD v. CITY OF HAMMOND

No. 2001 CA 0770.

822 So.2d 38 (2002)

Richard F. SEAWARD and Martha Olivia Robertson Seaward v. CITY OF HAMMOND, et al.

Court of Appeal of Louisiana, First Circuit.

June 21, 2002.

Attorney(s) appearing for the Case

Robert W. Tillery, Hammond, Counsel for Plaintiffs-Appellees Richard F. Seaward and Martha Olivia Robertson Seaward.

E. John Litchfield, Chance C. White, New Orleans, Counsel for Appellant Asplundh Tree Expert Company.

Alan J. Levith, Hammond, Counsel for Defendant City of Hammond.

R. Henry Sarpy, Jr., New Orleans, Counsel for Defendant Entergy Louisiana, Inc.

Before: GONZALES, FITZSIMMONS, DOWNING, KLINE, and LANIER, JJ.

DOWNING, J.

Plaintiffs, Richard F. Seaward and Martha Olivia Seaward, sought discovery from a non-party, Asplundh Tree Expert Company (Asplundh). However, after approximately three months, the plaintiffs still had not received a return on the subpoena duces tecum served on Asplundh. Therefore, plaintiffs filed a motion for contempt with a rule to show cause. A hearing on the rule was set for the 8th day of September, 2000. The motion and rule were designated for service...

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