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JOHNSON v. ORKIN EXTERMINATING CO., INC.

Civ. A. No. 89-5241.

746 F.Supp. 627 (1990)

Herman JOHNSON and Joyce Johnson v. ORKIN EXTERMINATING COMPANY, INC.

United States District Court, E.D. Louisiana.

August 31, 1990.

Attorney(s) appearing for the Case

William Clay McGehee, John H. Wells, New Orleans, La., for plaintiffs.

Andrew Martin Edwards, II, James B. Irwin, V, Quentin F. Urquhart, Jr., Montgomery, Barnett, Brown, Read, Hammond & Mintz, New Orleans, La., for defendant.

ROBERT F. COLLINS, District Judge.

Defendant, Orkin Exterminating Company, Inc. (hereinafter "Orkin"), moves this Court for partial summary judgment pursuant to Rule 56, Fed.R.Civ.P., restricting its obligation for any termite damage to the home of plaintiffs, Herman Johnson and Joyce Johnson, to re-treatment of said property pursuant to the Subterranean Termite Agreement (hereinafter "Agreement") entered into by Orkin and the Johnsons. This motion is GRANTED.

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