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SPORTSMAN STORE v. SONITROL SEC. SYSTEMS

No. 99-C-0201.

748 So.2d 417 (1999)

SPORTSMAN STORE OF LAKE CHARLES, INC. v. SONITROL SECURITY SYSTEMS OF CALCASIEU, INC., Cassidy Insurance Agency and Stewart Keith Cayton.

Supreme Court of Louisiana.

October 19, 1999.

Attorney(s) appearing for the Case

John Gregory Bergstedt, Lake Charles, for Applicant.

Michele S. Caballero, Milo Addison Nickel, Jr., Lake Charles, for Respondent.

Douglas Lanaux Grundmeyer, Jena Smith-Malfatti, Gregory Joseph Walsh, Wilbur Anthony Toups, III, New Orleans, for Advantage Capital Partners IV, Advantage Capital Partners III, Advantage Capital Partners II, Advantage Capital Partners V, (Amicus Curiae).

Robert Alexander Jarred, Lafayette, for Burglar and Fire Alarm Association (Amicus Curiae).

John E. Gagliano, R. Scott Caulkins, Arlington, VA, Loretta Gallaher Mince, James Richard Swanson, New Orleans, for Sonitrol National Dealer Association, Sonitrol Corporation (Amicus Curiae).

VICTORY, J.*

In this case, we are presented with the issue of whether the Third Circuit Court of Appeal properly applied the manifest error standard of review. After reviewing the record and the applicable law, we reverse the court of appeal and reinstate the judgment of the trial court.

FACTS AND PROCEDURAL HISTORY

In March of 1989, Gary Klumpp ("Klumpp"), owner of the Sportsman Store of Lake Charles (the "Sportsman...

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