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MOSLEY v. MISSOURI PACIFIC R. CO.

No. 36,907-CA.

839 So.2d 1218 (2003)

Connie L. MOSLEY individually, and Vicel Smith on behalf of her Minor Children Teron White, Cleandrew Barden, and Katrina Smith, Plaintiffs-Appellants, v. MISSOURI PACIFIC RAILROAD COMPANY d/b/a Union Pacific Railroad Company, Chester T. Gates, Wendell E. Pugh, Parish of Morehouse, Town of Bonita, Defendants-Appellee.

Court of Appeal of Louisiana, Second Circuit.

March 5, 2003.

Attorney(s) appearing for the Case

Hester & Waters, APLC by Rena L. Hester, Baton Rouge, for Plaintiffs-Appellants.

Gold, Weems, Bruser, Sues & Rundell by Samuel N. Poole, Jr., Brandon A. Sues, Alexandria, for Appellee, Morehouse Parish Police Jury.

William C. Henry, for Missouri Pacific Railroad Co.

Before BROWN, CARAWAY and PEATROSS, JJ.

CARAWAY, J.

The plaintiffs in this case participated in discovery with other defendants without actively prosecuting their claims against the police jury. The discovery actions were not filed in the suit record, and the police jury received no service or notice of the discovery. Following three years of the absence of pleadings in the suit record, the police jury moved for abandonment of the action. After a contradictory hearing, the trial court granted this motion...

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