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WESTERN WORLD v. PARADISE POOLS & SPAS

No. 93-CA-723.

633 So.2d 790 (1994)

WESTERN WORLD INSURANCE COMPANY, INC. v. PARADISE POOLS & SPAS, INC.

Court of Appeal of Louisiana, Fifth Circuit.

February 23, 1994.

Attorney(s) appearing for the Case

Gregory J. McDonald, Bienvenu, Foster, Ryan & O'Bannon, New Orleans, for plaintiff/appellant.

John H. Wells, New Orleans, for defendant/appellee.

Before KLIEBERT, WICKER, and GOTHARD, JJ.

WICKER, Judge.

This appeal arises from an action for declaratory judgment by Western World Insurance Company, Inc. against Paradise Pools & Spas, Inc., Candy Riffel and Dennis Riffel, in which the trial court declined to grant declaratory relief and dismissed the petition for declaratory judgment. We reverse and render.

The Riffels sued Paradise Pools for breach of a contract for construction of a swimming pool, alleging that Paradise "failed to construct...

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