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CITY OF NEW ORLEANS v. BADINE LAND LTD.

Nos. 94-CA-2631, 95-CA-0200.

657 So.2d 770 (1995)

CITY OF NEW ORLEANS v. BADINE LAND LIMITED.

Court of Appeal of Louisiana, Fourth Circuit.

June 29, 1995.

Attorney(s) appearing for the Case

Avis Marie Russell, City Atty., Mavis S. Early, Michael Botnick, Deputy City Attys., Kimberly A. Theriot, Asst. City Atty., New Orleans, for plaintiff/appellant, City of New Orleans.

Emile L. Turner, Jr., Turner, Young, Hebbler & Babin, New Orleans, and Stephen I. Dwyer, Susanne Cambre, Dwyer Cambre Brocherdt, Metairie, for defendant/appellee, Badine Land Ltd.

Elizabeth J. Futrell, Covert J. Geary, Timothy S. Cragin, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, for defendant/appellee, The Travelers Ins. Co.

Before PLOTKIN, WALTZER and MURRAY, JJ.

PLOTKIN, Judge.

The sole issue in this appeal is whether a creditor's participation in a bankruptcy court order approving the sale of the debtor's property "free and clear of all liens, claims, and encumbrances" is res judicata to a subsequent action by the creditor to protect a servitude by implied dedication on the same property. The trial court granted a motion for summary judgment filed by defendant, Badine Land Limited, finding that the participation of...

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