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U. KOEN & CO. RETAIL STORES, INC. v. J. & R. CIGARETTE SERVICE, INC.

No. 8121.

349 So.2d 360 (1977)

U. KOEN AND COMPANY RETAIL STORES, INC., et al. v. J. & R. CIGARETTE SERVICE, INC., et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied September 9, 1977.

Attorney(s) appearing for the Case

Paul B. Deal, Lemle, Kelleher, Kohlmeyer & Matthews, New Orleans, for plaintiffs-appellants.

John M. Holahan, New Orleans, for defendants-appellees.

Before REDMANN, SCHOTT and MORIAL, JJ.

REDMANN, Judge.

Plaintiff assignees appeal from the dismissal of a bankrupt's claim against defendant corporation.

The trial judge accepted the testimony of a person who had been, over a period of some 25 or 30 years, the sole proprietor and then the controlling shareholder of a precursor of the bankrupt. That testimony was that the debt the bankrupt claimed from defendant corporation was owed by the individual or...

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