Supreme Court of Louisiana, 1977

Pace v. Winn Dixie, Louisiana, Inc.

Supreme Court of Louisiana · Decided January 19, 1977 · No. 59012 · Been, Dixon, Overruling, Rubenstein, Summers

341 So. 2d 404; 1977 La. LEXIS 5352 (Southern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

Laughlin v. Breaux (La. Ct. App. 1987)
Borne v. Brown (La. Ct. App. 1986)
Lois White v. Scrivner Corporation (5th Cir. 1979)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.