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ELLVOG, INC. v. SCHNADELBACH

No. 95-CA-0092.

661 So.2d 1062 (1995)

ELLVOG, INC. d/b/a Ellgee Uniform Shop and the Succession of Lester Gerson v. Alvin Earl SCHNADELBACH, Norma Tschantz Schnadelbach, the Estate of Alvin Earl Schnadelbach, the Estate of Norma Tschantz Schnadelbach and the City of New Orleans.

Court of Appeal of Louisiana, Fourth Circuit.

September 15, 1995.

Attorney(s) appearing for the Case

Maury A. Herman, Leonard A. Davis, T. Daniel Pick, Herman, Herman, Katz & Cotlar, New Orleans, for plaintiffs (appellants).

Robert H. Cooper, Christopher M. Landry, Jeffery W. McDonald, Blue Williams, L.L.P., Metairie, for intervenors (appellees).

Before KLEES, ARMSTRONG and JONES, JJ.

ARMSTRONG, Judge.

This is an appeal from a judgment sustaining an exception of no cause of action. Under the substantive law applicable, it is possible that the appellants could recover under the allegations of their petition, if those allegations are ultimately proven. Thus, because the allegations of the petition must be taken as true when deciding an exception of no cause of action, we must reverse and remand.

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