Louisiana Court of Appeal, 1967

Southwest Louisiana Electric Membership Corp. v. Simon

Louisiana Court of Appeal · Decided October 27, 1967 · Being, Correct, Frugé, Hood, Lear, Savoy, That

207 So. 2d 561; 1967 La. App. LEXIS 5057 (Southern Reporter, Second Series)

070rehearing

On Rehearing.

En Banc.

LEAR, Judge.

This matter is a companion case with Southwest Louisiana Electric Membership *562Corporation 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.

Opinion of the Court

LEAR, Judge.

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.

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