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730 BIENVILLE PARTNERS v. FIRST NAT. BANK

No. 91-CA-1518.

596 So.2d 836 (1992)

730 BIENVILLE PARTNERS LTD. v. FIRST NATIONAL BANK OF COMMERCE, Lee Schlesinger, and Westminster Parking of Louisiana d/b/a 721 Iberville Street Garage.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Denied June 19, 1992.

Attorney(s) appearing for the Case

Douglas S. Draper, Constant G. Marquer, III, Friend, Wilson & Draper, New Orleans, for plaintiffs/appellants.

Rader Jackson, Shushan, Meyer, Jackson & McPherson, New Orleans, for defendants/appellees.

Before BARRY and CIACCIO, JJ., and GULOTTA, J., Pro Tem.

BARRY, Judge.

Plaintiffs-appellants, 730 Bienville Partners, Ltd. and Westinghouse Development & Management Corporation, claim a servitude of passage by destination. The trial court dismissed their petition for a preliminary injunction.1

FACTS

This matter involves three contiguous tracts:

On October 22, 1980, Royal Bienville Investors, a partnership in commendam, purchased the Saint Louis...

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