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WAINER v. A.J. EQUITIES, LTD.

No. 92-3658.

984 F.2d 679 (1993)

George WAINER, Plaintiff-Appellant, v. A.J. EQUITIES, LTD., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 4, 1993.

Attorney(s) appearing for the Case

Charles L. Stern, Moise S. Steeg, Jr., New Orleans, LA, for plaintiff-appellant.

David L. Stone, Lynda Friedmann, Stone, Pigman, Walther, Wittmann & Hutchinson, New Orleans, LA, for defendant-appellee.

Before DUHÉ and BARKSDALE, Circuit Judges and TRIMBLE, District Judge.

PER CURIAM:

The controlling issue in this case is whether consent given by a lessor to the release of his lessee when lessor consented to the assumption and assignment of the lease in the lessee's bankruptcy constitutes a novation under Louisiana law and is, therefore, a defense to the guarantor of the lease against efforts by the lessor to collect from the guarantor. On the particular facts of this case, we are convinced that the district court fully addressed the...

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