Scivicque v. Kemp

252 So. 2d 450, 259 La. 746, 1971 La. LEXIS 4127

Opinion

In re: M. C. Kemp applying for certiorari, or writ of review, to the Court of Appeal, First Circuit, Parish of Livingston. 248 So.2d 35.

Writ denied. The result is correct.

McCALEB, C. J., and SUMMERS, J.,

are of the opinion that the application should be granted as a matter o.f right. It appears the judgment is in conflict with Edington Drilling Co. v. Yearwood, 239 La. 303, 118 So.2d 419 and Josey v. Howard Lbr. & Supply Co., La.App., 232 So.2d 119.

DIXON, J., dissents from the refusal.