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DAIQUIRI'S III ON BOURBON, LTD. v. WANDFLUH

No. 92-CA-446.

608 So.2d 222 (1992)

DAIQUIRI'S III ON BOURBON, LTD. d/b/a Daiquiris v. Charles C. WANDFLUH and Daiquiri Delights Shop, Inc.

Court of Appeal of Louisiana, Fifth Circuit.

Writ Denied January 8, 1993.

Attorney(s) appearing for the Case

Clement F. Perschall, Jr., Metairie, for plaintiff-appellant Daiquiri's III on Bourbon, Ltd., d/b/a Daiquiris.

J. Forrest Hinton, T. Christopher Seay, McGlinchey, Stafford, Cellini, & Lang, P.C., New Orleans, for defendants-appellees Charles C. Wandfluh and Daiquiri Delights Shop, Inc.

Before KLIEBERT, C.J., and DUFRESNE and WICKER, JJ.

KLIEBERT, Chief Judge.

This matter is before us on an appeal taken by the plaintiff from a judgment of the trial court which sustained an exception of no cause of action filed by defendants.

The petition against the defendants, Charles C. Wandfluh and Daiquiri Delight Shop, Inc., is one for damages and an injunction restraining the latter from operating a business the same as or similar to that of the petitioner within the Parish of

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