Pace v. Winn Dixie, Louisiana, Inc.

Supreme Court of Louisiana January 19, 1977

Pace v. Winn Dixie, Louisiana, Inc., 341 So. 2d 404 (La. 1977)

1977 La. LEXIS 5352

Been, Dixon, Overruling, Rubenstein, Summers

Dissenting Opinion

SUMMERS, J.,

is of the opinion the writ should be granted. Clark v. I. H. Rubenstein, Inc., 326 So.2d 497 (La. 1976) upon which the court of appeal predicates its judgment has been legislatively overruled, and this Court should overrule that decision. See art. 339 of 1976.

DIXON, J., concurs in the denial; there has been no legislative overruling of Clark v. Rubenstein.

Opinion of the Court

In re: Winn Dixie Louisiana, Inc. applying for certiorari, or writ of review, to the Court of Appeal, 339 So.2d 856, First Circuit, Parish of St. Tammany.

Writ denied. No error of law.

Reference

Full Case Name: Margaret Pace, wife of and William PACE v. WINN DIXIE, LOUISIANA, INC.
Cited By: 3 cases
Status: Published