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COMBANK/SEMINOLE COUNTY v. MATHERNE

No. 12249.

394 So.2d 293 (1981)

COMBANK/SEMINOLE COUNTY v. Vincent and Barbara MATHERNE, d/b/a The Sportsman's Cove.

Court of Appeal of Louisiana, Fourth Circuit.

January 20, 1981.

Attorney(s) appearing for the Case

Linda S. A. Burke, New Orleans, for relator.

Harry J. Morel, Jr., Boutte, for respondent.

Before SAMUEL, BOUTALL and KLIEBERT, JJ.

BOUTALL, Judge.

The trial judge denied plaintiff's motion for summary judgment, finding there was an issue of fact and setting the case for trial on the merits. Plaintiff has applied to us for writs, averring it should not be forced to a trial on the merits because the record mandates summary judgment.

Applicant mis-states to us that Schlumbrecht v. Executive Offices, etc., 371 So.2d 389 (La.App. 4th Cir. 1979) involved...

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