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PRUDENTIAL INS. v. CC & F BATON ROUGE

No. 93 CA 2074.

647 So.2d 1131 (1994)

The PRUDENTIAL INSURANCE COMPANY OF AMERICA v. CC & F BATON ROUGE DEVELOPMENT COMPANY, New CC & F Baton Rouge Partnership, Howard Francis Murphy, Kathleen McCartney Huettner and Carl E. Kloos, as Testamentary Executor of the Succession of Magda Altheim.

Court of Appeal of Louisiana, First Circuit.

Opinion Denying Rehearing December 27, 1994.

Attorney(s) appearing for the Case

Patrick E. Henry, Patricia McMurray, New Orleans, for plaintiff-appellant The Prudential Ins. Co. of America.

Charles Stern, Jr., New Orleans, for defendants-appellees CC & F Baton Rouge Development Co., New CC & F Baton Rouge Partnership.

William Steffes, Baton Rouge, for defendant-appellee Howard Francis Murphy.

Michael Perry, Baton Rouge, for defendants-appellees Carl E. Kloos, Executor of Succession of Magda Altheim, Kathleen M. Huettner.

Carl Kloos, in pro. per.

Before LOTTINGER, C.J., and SHORTESS and CARTER, JJ.

CARTER, Judge.

This is an appeal from a trial court judgment sustaining an exception pleading the objection of no cause of action and dismissing an action against two defendants.

BACKGROUND

On May 19, 1972, American Holding Corporation, a Louisiana corporation, as lessor, entered into a lease with CC & F Baton Rouge Development Co., Inc. (CC & F, Inc.), a Delaware corporation, as lessee, for the lease of a portion of certain immovable...

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