Considering the application and the return of the Court of Appeal, the judgment complained of is set aside and the case is ordered refixed on that Court’s *549docket for argument, submission and decision in accordance with Dauzat et al v. Allstate Insurance Co. et al., 255 La. 790, 232 So.2d 516, and Sylvester et ux, y. Liberty Mutual Insurance Co., 256 La. 764, 238 So.2d 748 decided by this Court.