
    Sam RICHARD, Plaintiff and Appellee, v. UNITED STATES FIDELITY & GUARANTY COMPANY, Defendant and Appellant.
    No. 1215.
    Court of Appeal of Louisiana. Third Circuit.
    Sept. 15, 1964.
    Rehearing Denied Oct. 14, 1964.
    Gist, Gist, Methvin & Trimble, by DeWitt T. Methvin, Jr., Alexandria, Donald Soil-eau, Mamou, for defendant-appellant.
    Preston N. Aucoin, Ville Platte, Daniel J. McGee, Mamou, for plaintiff-appellee.
    Before TATE, HOOD and CULPEP-PER, JJ.
   CULPEPPER, Judge.

For the reasons set forth in Richard v. Landreneau Enterprises, et al., La.App., 167 So.2d 827, in which a separate. opinion is rendered by us this date, the judgment appealed herein is reversed and set aside. It is now ordered, adjudged and decreed that there be judgment herein in favor of the defendant, United States Fidelity & Guaranty Company, and against the plaintiff, rejecting his demands at his costs. All costs of this appeal are assessed against the plaintiff.

Reversed and rendered.

TATE, Judge

(dissenting).

The writer dissents, for the reasons set forth in his dissenting opinion in Richard v. Landreneau Enterprises et al., La.App., 167 So.2d 827, rendered this same date.

On Application for Rehearing.

En Banc. Rehearing denied.

TATE, J., dissents from denial of rehearing for reasons noted in Richard v. Landreneau Enterprises, La.App., 167 So. 2d 827.  