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WARE & WINGATE CO., INC. v. WINGATE

No. 85-686.

495 So.2d 1334 (1986)

The WARE & WINGATE COMPANY, INC., Plaintiff-Appellant, v. Phillip Keith WINGATE and Doris Joan Babineaux, Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

October 21, 1986.

Attorney(s) appearing for the Case

Karl W. Bengston of Shelton and Legendre, LaFayette, for plaintiff appellant.

Ann Dearing Whitman, of Domengeaux and Wright, LaFayette, Theall and Fontana, Anthony J. Fontana, Abbeville, for defendants-appellees.

Before FORET, J., and PLANCHARD and McNULTY, JJ. Pro Tem.

ARTHUR J. PLANCHARD, Judge Pro Tem.

The plaintiff-appellant, The Ware & Wingate Company, Inc. ("Ware & Wingate"), has appealed the judgment of the trial court granting defendants' exceptions of no right of action and motion for summary judgment. The defendants are Phillip Keith Wingate and his wife, Doris Joan Babineaux.

This suit was instituted by Edward Ware who is a shareholder of Ware & Wingate and who claims to possess authority from the corporation...

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