OWENS & SONS, INC. v. CASEY

No. 94-CA-2580.

659 So.2d 541 (1995)

OWENS & SONS, INC., et al. v. Fred CASEY, d/b/a K.C. Landfill.

Court of Appeal of Louisiana, Fourth Circuit.

July 26, 1995.


Attorney(s) appearing for the Case

Sheila C. Myers, New Orleans, for defendant/appellant, Fred Casey d/b/a K.C. Landfill.

Jacob Kansas, Law Offices of Jacob Kansas, New Orleans, for plaintiffs/appellees, Owens & Sons, Inc., Rose Pappalardo, Joseph S. Pappalardo and Albert Pappalardo.

Before ARMSTRONG, LANDRIEU and MURRAY, JJ.


MURRAY, Judge.

This appeal from the First City Court involves a seldom utilized doctrine asserted in a unique factual situation. The issue before us is whether the "abuse of rights" doctrine is applicable to a situation in which a landlord is allegedly being used as the instrument of another who seeks to deny a tenant's due process rights.

BACKGROUND:

The facts are fairly simple and, for the most part, undisputed. Sometime in the 1970s Salvadore Pappalardo...

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