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DIMM v. GRANIER

No. 5742.

284 So.2d 850 (1973)

Ferdinand W. DIMM v. Herman GRANIER, Sr.

Court of Appeal of Louisiana, Fourth Circuit.

November 2, 1973.

Attorney(s) appearing for the Case

Sidney A. Marchand, III of Talbot, Sotile & Carmouche, Donaldsonville, for plaintiff-appellant.

G. Walton Caire, Edgard, for defendant-appellee.

Before LEMMON, J., and FEDOROFF and GAUTHIER, JJ. pro tem.

GERALD P. FEDOROFF, Judge pro tem.

Plaintiff sought an injunction compelling defendant to remove certain obstructions from a public road dividing their respective properties. Defendant filed a peremptory exception, raising the objections of no cause of action and no right of action.

After a hearing on the exception, the District Court decreed that:

"The defense of unconscionable conduct or `unclean hands' on the part of the plaintiff is recognized...

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