Mack Trucks, Inc. v. Dixon

Full title: MACK TRUCKS, INC. v. O. R. DIXON and James F. Toups, d/b/a T D Contracting…

Court: Court of Appeal of Louisiana. Fourth Circuit

Date published: Jul 2, 1962

142 So. 2d 610 (La. Ct. App. 1962)

142 So. 2d 610

142 So. 2d 611

Opinion

No. 628.

June 4, 1962. Rehearing Denied July 2, 1962.

Appeal from the Twenty-Fourth Judicial District Court for the Parish of Jefferson, No. 57-500, Division "B"; L. Robert Rivarde, Judge ad hoc.

Reed, Reed Reed, Floyd J. Reed and John A. Salvaggio, New Orleans, for plaintiff and appellant.

Nathan Greenberg, Gretna and Gilbert P. Cohen, Gretna, for defendants and appellees.

Before McBRIDE, SAMUEL and JOHNSON, JJ.

McBRIDE, Judge.

This is one of the seven consolidated cases mentioned in Mack Trucks, Inc. v. Dixon and James F. Toups, d/b/a T D Contracting Company, 142 So.2d 605, in which an opinion and decree has been handed down by us this day. For the reasons stated therein and also for the reasons stated in our opinion handed down this day in the matter entitled Mack Trucks, Inc. v. Dixon and James F. Toups, d/b/a T D Contracting Company, 142 So.2d 609.

It is ordered, adjudged and decreed that the judgment appealed from is annulled by striking therefrom and setting aside that portion thereof which maintained the exception to the lower court's jurisdiction ratione materiae, and as thus amended, and in all other respects, the judgment is affirmed.

Plaintiff is to pay the costs of this appeal.

Reversed in part; affirmed in part.