Pace v. Winn Dixie, Louisiana, Inc., 341 So. 2d 404

Pace v. Winn Dixie, Louisiana, Inc.

341 So. 2d 404 | La. | 1977

Lead Opinion

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.

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.