Macaluso v. Watson
Ellis L. MACALUSO v. Charles G. WATSON, Noel Brown and Grain Dealers Mutual Insurance Company
Opinion of the Court
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In re: Ellis L. Macaluso applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit, Parish of Orleans. 188 So.2d 178 .
The application is denied. There is no error of law in the judgment complained of.
McCALEB, J., concurs, being of the opinion that plaintiff should have alternatively moved for a non-suit in either the trial court or the Court of Appeal as to his liability insurer. His application for a remand on petition for rehearing was not justified and came too late. HAWTHORNE, J., agrees with the concurring view of McCALEB, J. SANDERS, J., is of the opinion a writ should be granted limited to the question of a remand in the interest of justice. See Article 2164, Louisiana Code of Civil Procedure.
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