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RYAN v. GRANDISON TRUST

No. CA 84 1410.

490 So.2d 317 (1986)

Lydia Harrison RYAN, William H. Harrison, Jr. Family Project—A Louisiana Partnership in Commendam, Shirley Harrison Hyde, Katherine L. Harrison and Richard Harrison v. The GRANDISON TRUST.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied July 15, 1986.

Attorney(s) appearing for the Case

Donald L. Peltier of Peltier & Peltier, Thibodaux, Gary A. Lee of Faris, Ellis, Cutrone & Gilmore, New Orleans, for plaintiffs-appellants, Lydia Harrison Ryan, William H. Harrison, Jr., Katherine L. Harrison, Shirley Harrison Hyde and Richard J. Harrison.

Harry B. Kelleher of Lemle, Kelleher, Kohlmeyer & Matthews, John M. McCollam of Gordon, Arata, McCollam, Stuart & Duplantis, New Orleans, for defendant-appellee The Grandison Trust.

Before EDWARDS, LANIER and PONDER.

PONDER, Judge.

Plaintiffs appealed the dismissal of their suit for declaratory judgment on defendant's peremptory exception of res judicata.

The issue on appeal is whether the doctrine of res judicata bars litigation of the instant action.

We reverse and remand.

The facts are essentially undisputed. On August 29, 1929, Joseph deFuentes Harrison purchased approximately 22 thousand acres of Lafourche Parish marshland. In the Act of Sale, the...

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