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BARNETT v. NICHOLS

No. 99-387.

748 So.2d 496 (1999)

Richard D. BARNETT, Plaintiff-Appellant, v. Logan NICHOLS, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied December 1, 1999.

Writ Denied February 18, 2000.

Attorney(s) appearing for the Case

Robert Elton Arceneaux, Gail Nick Wise, Mack E. Barham, New Orleans, Warren D. Rush, Gina Rush Calogero, Lafayette, for Richard D. Barnett.

Marilyn Carr Castle, Henry Camille Perret, Jr., Camille B. Poche, Lafayette, for Logan Nichols.

Before COOKS, SAUNDERS and DECUIR, Judges.

DECUIR, Judge.

Plaintiff, Richard D. Barnett, appeals a summary judgment rendered against him in this suit for the return of certain shares of stock from the defendant, Logan Nichols. As will be discussed, we find that genuine issues of material fact exist in this case; hence, we conclude that summary judgment was improperly granted.

In the consolidated appeal entitled Marsh Engineering, Inc. v. Parker, 99-217 (La.App. 3 Cir.1999),

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