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BO-PIC FOODS, INC. v. POLYFLEX FILM AND CONVERTING

No. 95 CA 0889.

665 So.2d 787 (1995)

BO-PIC FOODS, INC. v. POLYFLEX FILM AND CONVERTING, INC.

Court of Appeal of Louisiana, First Circuit.

December 15, 1995.

Attorney(s) appearing for the Case

Marvin Gros, Donaldsonville, for Plaintiff-Appellant Bo-Pic Foods, Inc.

E. Robert Sternfels, Napoleonville, for Defendant-Appellee Polyflex Film and Converting, Inc.

Before SHORTESS, PARRO and KUHN, JJ.

KUHN, Judge.

In this appeal, buyer and seller dispute whether buyer is entitled to recover the purchase price of a metalized film paper ("film") purchased for bagging potato chips, which was found not suitable for that purpose. The trial court dismissed plaintiff's claims against defendant after determining plaintiff failed to carry its burden of proving a redhibitory defect. We reverse.

FACTS

Plaintiff-appellant, Bo-Pic Foods, Inc. ("Bo-Pic"), filed...

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