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Supreme Court of Louisiana, 1979

Jacobs v. New Orleans Public Service, Inc.

Jacobs v. New Orleans Public Service, Inc.
Supreme Court of Louisiana · Decided October 8, 1979 · Deny, Summers, Tate, Writ
376 So. 2d 321; 1979 La. LEXIS 7137 (Southern Reporter, Second Series)

Jacobs v. New Orleans Public Service, Inc.

Opinion of the Court

In re: Marlene Jacobs, et al., applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit, Parish of Orleans, No. 9446. 374 So.2d 167.

Granted. The order of the Court of Appeal is amended to permit either or both sides to adduce evidence in the trial court on the remand.

SUMMERS, C. J., would deny the writ.

Concurring Opinion

TATE, J.,

would grant the writ. Under our previous construction of pleadings, both parties had adequate notice and opportunity to defend on an issue squarely posed by the evidence and decided by the trial court.

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