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FIVE N CO., L.L.C. v. SINGER A & P REMAINDER TRUST

No. 97 CA 2165.

721 So.2d 1066 (1998)

FIVE N COMPANY, L.L.C. v. SINGER A & P REMAINDER TRUST, Nabel A & P Remainder Trust, Sunburst Bank and the Great Atlantic and Pacific Tea Company.

Court of Appeal of Louisiana, First Circuit.

November 6, 1998.

Attorney(s) appearing for the Case

John L. Henchy, Baton Rouge, for Appellant—Five N Company, L.L.C.

Jack M. Dampf, Baton Rouge, LA for Appellees—Singer A & P Remainder Trust and Nabel A & P Rose McCabe Lebreton Remainder Trust New Orleans, LA.

Alan D. Ezkovich, New Orleans, for Appellee—The Great Atlantic and Pacific Tea Company.

Robert L. Atkinson, Baton Rouge, for Appellee—Union Planters Bank of Louisiana.

Before FITZSIMMONS and GUIDRY, JJ., and CHIASSON, J. Pro Tem.

FITZSIMMONS, Judge.

A shopping center tenant filed a motion for summary judgment. The tenant asserted no genuine issue of material fact, and a legal right of use of the common shopping center parking lot. By judgment dated July 14, 1997, the trial court granted the tenant's motion for summary judgment, denied the parking lot owner's motion for summary judgment, and dismissed the suit of the parking lot owner. For the reasons...

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