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AMERICAN FIDELITY FIRE INS. CO. v. BINNINGS CONST. CO., INC.

No. 6350.

302 So.2d 319 (1974)

AMERICAN FIDELITY FIRE INSURANCE COMPANY v. BINNINGS CONSTRUCTION COMPANY, INC., and Harol, Inc.

Court of Appeal of Louisiana, Fourth Circuit.

June 6, 1974.

Attorney(s) appearing for the Case

Bernard J. Capella, New Orleans, for plaintiff-appellant.

Bryan & Caraway, John F. Caraway, Harry V. Singreen, New Orleans, for defendants-appellees.

Before GULOTTA, STOULIG and BOUTALL, JJ.

ON MOTION TO DISMISS

GULOTTA, Judge.

Binnings Construction Company, Inc., and Harol, Inc., have filed a motion to dismiss the appeal of American Fidelity Fire Insurance Company on the ground that the appellant obtained an order for a suspensive appeal only, and failed to perfect that appeal timely by not filing an appeal bond in accordance with LSA-C.C.P. art. 2123 which states:

"Except as otherwise provided by law, an appeal which suspends...

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