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NEW SOUTH ADVERTISING, LTD. v. KROCK-O-CHEESE, INC.

No. 17684-CA.

486 So.2d 1115 (1986)

NEW SOUTH ADVERTISING, LTD., Caddo Coffee & Cafe Supply Company, Inc. and SBG Corporation, Plaintiffs-Appellants, v. KROCK-O-CHEESE, INC. and Benedict's of Shreveport, Inc., Defendants-Appellees, William J. Phillips, Third party Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

April 2, 1986.

Attorney(s) appearing for the Case

Evans, Feist, Auer & Keene by Paul M. Adkins, Shreveport, for W. James Phillips, third-party defendant-appellant.

Smitherman, Lunn, Chastain & Hill by W. Lake Hearne, Shreveport, for New South Advertising and Caddo Coffee & Cafe Supply, plaintiffs-appellants.

Miller, Dawson & Askew by James H. Askew, Shreveport, for SBG Corp., plaintiff-appellant.

Thompson & Harp by Robert I. Thompson, III, Shreveport, for Krock-O-Cheese, defendant-appellee.

Before MARVIN, FRED W. JONES and NORRIS, JJ.

MARVIN, Judge.

A shareholder (Phillips) of the defendant corporation (KOC) appeals that part of a summary judgment casting him in solido with the corporation for open account debts respectively owed to three creditors, who are the co-plaintiffs. Insofar as the summary judgment casts Phillips solidarily liable with KOC, we reverse and remand.

The issue as to KOC is whether each plaintiff is entitled, as a matter of law, to a

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