TUDOR CHATEAU CREOLE v. D.A. EXTERMIN.

No. 96 CA 0951.

691 So.2d 1259 (1997)

TUDOR CHATEAU CREOLE APARTMENTS PARTNERSHIP, an in Commendam Partnership v. D.A. EXTERMINATING CO., INC. and Louisiana Pest Control Insurance Company, Inc.

Court of Appeal of Louisiana, First Circuit.

February 14, 1997.


Attorney(s) appearing for the Case

Michael S. Tudor, Alexandria, Fritz M. Stoller, McCloskey, Langenstein & Stoller, New Orleans, for Plaintiff—Appellee Tudor Chateau Creole Apartments, a Limited Partnership.

Craig Landry, Houma, and Carey J. Guglielmo, Baton Rouge, for Defendants—Appellants D.A. Exterminating Co., La. Pest Control Ins. Co., Inc., and National Union Fire Ins. Co. of Pittsburgh, Penn.

James A. Babst, New Orleans, for Intervenor-Appellee MBL Life Assurance Corp.

Before LOTTINGER, C.J., and FOIL and FOGG, JJ.


FOGG, Judge.

By this suit, plaintiffs seek to recover payment for damages to their apartment complex caused by termites during the term of a pest control contract entered into by the parties. The trial court rendered judgment in favor of plaintiffs; defendants appeal.

The construction on the Tudor Chateau Creole Apartments (Chateau Creole) began in 1978. During the construction phase, D.A. Exterminating Co., Inc. provided the pretreatment for termites and...

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