FIRST CITY BANK v. 740 ESPLANADE AVE.

No. 91-CA-2684.

611 So.2d 715 (1992)

FIRST CITY BANK v. 740 ESPLANADE AVENUE, a Partnership in Commendam.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Denied February 19, 1993.


Attorney(s) appearing for the Case

Douglas S. Draper, Constant G. Marquer, III, Barbara H. Weiss, Friend, Wilson, Draper, Hubbard & Bowling, New Orleans, for appellant B.R. Eubanks.

L. Eades Hogue, M. Shawn McMurray, Lemle & Kelleher, New Orleans, for appellee R.C. Llewellyn, M.D.

Before LOBRANO, ARMSTRONG and PLOTKIN, JJ.


LOBRANO, Judge.

This appeal arises from a judgment on the pleadings in favor of defendant-appellee, Dr. R.C. Llewellyn and against plaintiff-appellant, Dr. B.R. Eubanks dismissing Eubanks suit for a deficiency judgment.

FACTS:

On July 14, 1983, B.R. Eubanks, Thomas T. Cloke, David S. Cressy, Albert J. Aucoin, Jr. and R.C. Llewellyn signed a partnership agreement creating "740 Esplanade Avenue, A Partnership In Commendam" (The Partnership). The agreement...

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