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A TO Z PAPER CO., INC. v. CHEM CAN CORP.

No. 84-CA-236.

474 So.2d 970 (1985)

A TO Z PAPER CO., INC. v. CHEM CAN CORPORATION.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied September 17, 1985.

Attorney(s) appearing for the Case

Leonard A. Washofsky, New Orleans, for plaintiff-appellant.

Don Almerico, Jerome A. Kunkel, Destrehan, for defendant-appellee.

Before KLIEBERT, BOWES and GAUDIN, JJ.

GAUDIN, Judge.

A to Z Paper Company, Inc. filed suit on an open account in the 29th Judicial District Court against Chem Can Corporation, alleging $2,087.42 was due on two unpaid invoices. Chem Can answered, contending that plaintiff's merchandise "... was defective and therefore there was a failure of consideration ..." and that delivery was not timely.

Following trial, the district judge dismissed A to Z's demands, stating:

"... Chem Can Corporation...

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