
    Charles M. BROWN et al. v. James A. EVERDING.
    No. 62452.
    Supreme Court of Louisiana.
    June 30, 1978.
   In re: James A. Everding, applying for certiorari, or writ of review, to the Court of Appeal, Second Circuit. Parish of Caddo.

Writ denied.

TATE and DIXON, JJ.,

concur. The Court of Appeal was in error for failing to consider the issue of unconstitutionality of the statute argued by the plaintiff Everding in the nullity action, see Assignment 2, since the plaintiff was not required to file a replicatory plea of unconstitutionality when the defendant relied upon the statute, see La.C.Civ.P. 852. However, on the merits, we do not find the statute to be unconstitutional.  