BILONGO v. DEPT. OF HEALTH & HUMAN RESOURCES

No. 82 CA 0348.

428 So.2d 1021 (1983)

BILONGO, A Louisiana Partnership v. The DEPARTMENT OF HEALTH AND HUMAN RESOURCES, and State of Louisiana.

Court of Appeal of Louisiana, First Circuit.

February 22, 1983.


Attorney(s) appearing for the Case

Michael R. Fontham, Jo Harriet Strickler, New Orleans, counsel for plaintiff-appellee Bilongo, a Louisiana Partnership.

R. Bruce Macmurdo, Ben R. Miller, Rose Polito Wooden, Baton Rouge, counsel for defendants-appellants Dept. of Health & Human Resources and State of Louisiana.

Before PONDER, SAVOIE, and CRAIN, JJ.


CRAIN, Judge.

This is an appeal from a judgment on a motion for summary judgment filed by plaintiff wherein the parties stipulated that the liability on a lease between plaintiff and defendant, subsequently cancelled by defendant, would be decided by summary judgment reserving for trial any question of amount of damages. The trial court declared the lease valid, and rendered a partial summary judgment in plaintiff's favor based on that finding.

The facts of...

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