THOMAS v. SCHANZER

No. 12553.

433 So.2d 869 (1983)

Sarah Moody THOMAS v. Charlee SCHANZER.

Court of Appeal of Louisiana, Fourth Circuit.

June 3, 1983.


Attorney(s) appearing for the Case

Lewis & Thomas, Associates, William E. Lewis, New Orleans, for plaintiff-appellant.

Chaffe, McCall, Phillips, Toler & Sarpy, B. Lloyd Magruder, New Orleans, for defendant-appellee.

Before REDMANN, GARRISON and BYRNES, JJ.


GARRISON, Judge.

This is an appeal from a judgment of the First City Court of New Orleans, granting defendant's exception of no cause of action and dismissing plaintiff's suit. From that judgment which we reverse and remand, plaintiff appeals.

In Wheelahan v. State, 376 So.2d 576 (App. 4th, 1979), this court stated as follows:

"The peremptory exception of no cause of action tests the sufficiency in law of...

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