Pace v. Winn Dixie, Louisiana, Inc.

Decision Date19 January 1977
Docket NumberNo. 59012,59012
Citation341 So.2d 404
PartiesMargaret Pace, wife of and William PACE v. WINN DIXIE, LOUISIANA, INC.
CourtLouisiana Supreme 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.

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.

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3 cases
  • White v. Scrivner Corp., 77-2016
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • 30 Abril 1979
    ...detention of a suspected shoplifter, Pace v. Winn-Dixie Louisiana, Inc., 339 So.2d 856 (La.Ct.App. 1st Cir. 1976), Writ denied, 341 So.2d 404 (1977); Smith v. Whatley, 338 So.2d 153 (La.Ct.App. 2d Cir. 1976), Writ denied, 341 So.2d 4 (1977), and for slander, Levy v. Duclaux, 324 So.2d 1 (La......
  • Borne v. Brown
    • United States
    • Court of Appeal of Louisiana — District of US
    • 28 Mayo 1986
    ...Rubenstein, Inc., 326 So.2d 497 (La.1976); Pace v. Winn-Dixie Louisiana, Inc., 339 So.2d 856 (La.App. 1st Cir.1976), writ denied, 341 So.2d 404 (La.1977). In Rougeau v. Firestone Tire and Rubber Company, 274 So.2d 454, 457-458 (La.App. 3rd Cir.1973), the operative facts and the ruling of th......
  • Laughlin v. Breaux
    • United States
    • Court of Appeal of Louisiana — District of US
    • 14 Octubre 1987
    ...Co., 401 So.2d 477 (La.App. 2nd Cir.1981) and Pace v. Winn-Dixie Louisiana Inc., 339 So.2d 856 (La.App 1st Cir.1976), writ denied, 341 So.2d 404 (La.1977). Dr. Capps did not testify at court, but her deposition was introduced. She was accepted as an expert in sociology. Experts who testify ......

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