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NUNEZ v. CANIK

No. W89-992.

551 So.2d 796 (1989)

Tammy R. NUNEZ, et al, v. Orrie P. CANIK, et al.

Court of Appeal of Louisiana, Third Circuit.

Writ Denied January 12, 1990.

Attorney(s) appearing for the Case

Guillory & McCall, Robert E. Guillory, Jr., Lake Charles, for defendant-applicant.

P. Michael Maneille, Lake Charles, and Jones, Jones & Alexander, Jennifer Bercier, Cameron, for plaintiff-respondent.

Stockwell, Sievert, Viccellio, Clements & Shaddock, John S. Bradford, Raggio, Cappel, Chozen & Berniard, Charles J. Fulda, IV, Lake Charles, for defendants-respondents.

Before GUIDRY, FORET and KING, JJ.

WRIT GRANTED AND MADE PEREMPTORY

The "dual-capacity doctrine" has been consistently rejected by the courts of this state except under the limited circumstances considered by our Supreme Court in Ducote v. Albert, 521 So.2d 399 (La.1988). We respectfully disagree with the holding of our Fourth Circuit brethren in Posey v. Lemoine, 471 So.2d 272 (La.App.1985), and decline to follow...

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