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BARRERA v. CIOLINO

No. 92-C-2844.

636 So.2d 218 (1994)

Joan Dantonio, Wife of and Joseph A. BARRERA and Suzanne Sabrio, Wife of and Douglas H. Boudreaux v. Mrs. Mary Fontana, Wife of and Felix J. CIOLINO. CIOLINO PHARMACY, INC. v. Joan Dantonio, Wife of and Joseph A. BARRERA, and Suzanne Sabrio, Wife of and Douglas H. Boudreaux.

Supreme Court of Louisiana.

May 5, 1994.

Attorney(s) appearing for the Case

Eugene M. McEachin, Jr., Robert A. Knight, Bernard, Cassisa, Saporito & Elliott, Metairie, for applicants.

William C. Credo, Metairie, for respondents.

LEMMON, Justice.*

This case involves the 1977 credit sale of a pharmacy business, with its good will, its movables and its prescriptions on file, for $1,350,000. The principal issue is the effect to be given to the following contractual provision:

[P]urchasers shall have the right to use the business name of "Ciolino Pharmacy" for the conduct of their business at 4650 West Esplanade Avenue ..., until such time that vendor gives...

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