ATER v. McCAIN, 278 So.2d 515 (La.App. 3 Cir. 1973)

DON E. ATER, RELATOR-APPELLEE, v. CHARLES W. McCAIN, RESPONDENT-APPELLANT.

No. 4202.Court of Appeal of Louisiana, Third Circuit.
May 30, 1973.

APPEAL FROM 7TH JUDICIAL DISTRICT COURT, PARISH OF CATAHOULA; STATE OF LOUISIANA, HONORABLE RICHARD P. BOYD, JR., J.

William G. Avery, Jonesville, for respondent-appellant.

Smith, Taliferro, Seibert Boothe by Leo Boothe, Jonesville, for relator-appellee.

Before HOOD, CULPEPPER and MILLER, JJ.

MILLER, Judge.

[1] The issue raised by respondent appellant Charles W. McCain is identical to that which was considered in our opinion handed

West Page 516

down this date in Commercial Farms, Inc. v. McCain, 278 So.2d 513
(La.App. 3 Cir. 1973). That decision renders this appeal moot.

[2] The trial court’s judgment is affirmed. Costs are assessed to appellant. [3] Affirmed.