
    MID-CONTINENT REFRIGERATOR COMPANY v. Ross WILLIAMS, d/b/a Williams Grocery & Liquor.
    No. 54369.
    Supreme Court of Louisiana.
    March 8, 1974.
   In re: Mid-Continent Refrigerator Co. applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit, Parish of Natchitoches. 285 So.2d 247.

Not considered. Not timely filed.

TATE, J.,

concurs in the rejection. The judgment is not final and therefore the writ should be denied. The fact that the application was lost in the mails when it is uncontradicted by all parties that it was timely mailed, should not bar our consideration of the application. The ultra-technical view to the contrary overlooks that the mailing is equivalent to the filing, so that its loss in the mails is not charged against the party. See, e. g. 2 Moore’s Federal Practice, Section 5.07 (1970).  