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ELLWEST STEREO THEATRES, INC. v. DAVILLA

Nos. CA-0510—CA-0512.

436 So.2d 1285 (1983)

ELLWEST STEREO THEATRES, INC. v. Antoinette "Nettie" M. DAVILLA. Mrs. Antoinette Ybos DAVILLA v. ELLWEST STEREO THEATRES, INC. GIANI INVESTMENT CO., INC. v. Mrs. Antoinette Ybos DAVILLA.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied September 22, 1983.

Attorney(s) appearing for the Case

E. John Litchfield, New Orleans, for defendant-appellant Antoinette "Nettie" M. Davilla.

C. Ellis Henican, Jr., New Orleans, for plaintiff-appellee Giani Investment Co., Inc.

Lee J. Klein, Durand, Mich., Ronald J. Rakosky, New Orleans, for plaintiff-appellant Ellwest Stereo Theatres, Inc.

Before GULOTTA, GARRISON and KLEES, JJ.

GULOTTA, Judge.

At issue in this case is whether a holder of a "right of first refusal" on lease offers of real property is entitled to possession and to damages for lost profits for deprivation of his right of occupancy. The lessor and the present tenant appeal from an adverse judgment. We affirm.

BACKGROUND

Mrs. Antoinette "Nettie" M. Davilla, owner, leased the ground floor of the premises at 333 Bourbon Street in New Orleans to Ellwest Stereo...

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