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KINCHEN v. GILWORTH

No. 10468.

377 So.2d 869 (1979)

Mrs. Vivian KINCHEN v. David GILWORTH, Margaret Johnson, and Jim Woods, also known as Burl Mahl, doing business as Carousel Construction Company and Dixie Homestead & Savings Association.

Court of Appeal of Louisiana, Fourth Circuit.

November 8, 1979.

Attorney(s) appearing for the Case

Plauche F. Villere, Jr., New Orleans, for plaintiff-appellant.

Kehl & Pickering, Susan Dunn and Gary A. Cotogno, New Orleans, for defendants-appellees.

Before LEMMON, GULOTTA and BEER, JJ.

LEMMON, Judge.

Plaintiff has appealed from a judgment dismissing Dixie Homestead & Savings Association from her suit for "breach of contract" on an exception of no cause of action. Although briefs by both parties suggest facts which might appropriately be presented at the trial on the merits, the determination of this appeal involving an exception of no cause of action is based solely on the facts alleged in the petition.1

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