Scivicque v. Kemp 259 La. 746, 252 So.2d 450

In re: M. C. Kemp applying for certiorari, or writ of review, to the Court of Appeal, First Circuit, Parish of Livingston. 248 So.2d 35.

Writ denied. The result is correct.

*747McCALEB, C. J., and SUMMERS, J.,

are of the opinion that the application should be granted as a matter o.f right. It appears the judgment is in conflict with Edington Drilling Co. v. Yearwood, 239 La. 303, 118 So.2d 419 and Josey v. Howard Lbr. & Supply Co., La.App., 232 So.2d 119.

DIXON, J., dissents from the refusal.