WALSH FILTER CO., INC. v. RICE

No. CA-0703.

439 So.2d 1130 (1983)

WALSH FILTER COMPANY, INC. v. Atwood L. RICE Jr., United States Fidelity and Guaranty Company and Aetna Casualty and Surety Company.

Court of Appeal of Louisiana, Fourth Circuit.

October 6, 1983.


Attorney(s) appearing for the Case

Badeaux, Discon, Cumberland & Shearman, Robert F. Shearman, New Orleans, for appellant.

Chaffe, McCall, Phillips, Toler & Sarpy, James P. Farwell, New Orleans, for appellee.

Before GULOTTA, BYRNES and WARD, JJ.


GULOTTA, Judge.

Plaintiff-lessee, Walsh Filter Company, Inc. (Walsh), appeals the dismissal, on exceptions of no right and no cause of action, of its suit against its lessor and the lessor's insurer, alleging property damage, loss of inventory and loss of earnings. We reverse and remand.

Walsh alleges losses from a severe windstorm of April 13, 1980, when the "... structurally and improperly maintained and repaired ..." roof of the leased building was destroyed...

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