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HOWARD TRUCKING CO., INC. v. STASSI

No. 85-C-1972.

485 So.2d 915 (1986)

HOWARD TRUCKING COMPANY, INC. v. John A. STASSI II, Arnold M. Lupin, Alan N. Jacobs, Ernest E. Cherrie, Jr. and Kenneth N. Adatto.

Supreme Court of Louisiana.

Dissenting Opinion April 16, 1986.

Rehearing Denied May 9, 1986.

Attorney(s) appearing for the Case

Mack Barham, Robert Arceneaux, Ralph Hubbard, David Richardson, Barham & Churchill, New Orleans, for plaintiff-applicant.

Lawrence Wiedemann, Wiedemann & Fransen, William R. Forrester, Jr., Roger A. Stetter, Lemle, Kelleher, Kohlmeyer, Dennery, Hunley, Moss & Frilot, New Orleans, for defendants-respondents.

DIXON, Chief Justice.

For forty-six monthly payments of $3489.42 plaintiff, Howard Trucking Company, Inc., agreed on October 5, 1981 to transfer certain vehicles and oil field hauling equipment to Orleans-Iberia, Inc. At Orleans-Iberia's insistence the agreement was styled a lease; it contains the ordinary clauses governing the parties' rights in the event of default.1 The closing memorandum signed by the parties two days later provided...

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