Opinion
No. 2133.
October 27, 1967. Rehearing Denied December 12, 1967. On Rehearing February 28, 1968. Writ Refused April 19, 1968.
Davidson, Meaux, Onebane Donohoe, by Edward Abell, Jr., Lafayette, for plaintiff-appellant.
Kibbe, Edwards, Cooper Sonnier, by Silas B. Cooper, Abbeville, for defendant-appellee, for appellee.
Before FRUGÉ, SAVOY, and LEAR, JJ.
This matter is a companion case with Southwest Louisiana Electric Membership Corporation v. Ursula Abshire Simon et al., 207 So.2d 546, involving the same issues and principles and utilizing in substance the same evidence.
In accord with the principles announced in Southwest Louisiana Electric Membership Corporation v. Ursula Abshire Simon et al., the judgment of the lower court is reversed and the case remanded for further proceedings not inconsistent with the principles announced in Southwest Louisiana Electric Membership Corporation v. Ursula Abshire Simon et al.
Reversed and remanded.
On Rehearing.
En Banc.
This matter is a companion case with Southwest Louisiana Electric Membership Corporation v. Ursule Abshire Simon et al., La. App., 207 So.2d 546, involving the same issues and principles and utilizing in substance the same evidence.
In accord with the principles announced in Southwest Louisiana Electric Membership Corporation v. Ursule Abshire Simon et al., the judgment of the lower court was incorrect, and our original opinion is hereby ordered reinstated.
HOOD, J., dissent being of the opinion that the judgment of the district court is correct.