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KING MUSICAL INSTRUMENTS INC. v. ARCENEAUX MUSIC

No. 83-225.

441 So.2d 786 (1983)

KING MUSICAL INSTRUMENTS, INC., Plaintiff-Appellant, v. ARCENEAUX MUSIC CENTER, INC. and Jack Arceneaux, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

November 9, 1983.

Attorney(s) appearing for the Case

Newman & Drolla, John D. Brady, Baton Rouge, for plaintiff-appellant.

Charles N. Wooten, Ltd. by Keith A. Rodriquez, Lafayette, for defendant-appellee.

Before DOUCET, LABORDE and KNOLL, JJ.

DOUCET, Judge.

Plaintiff, King Musical Instruments, Inc., filed the present suit alleging payment was due on an open account. Named defendants were Arceneaux Music Center, Inc. and Jack Arceneaux. The corporate defendant responded with a peremptory exception of no right of action premised upon its pending Chapter 11 Bankruptcy petition. Jack Arceneaux responded with a dilatory exception of prematurity, alleging his exposure...

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