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KITE v. GUS KAPLAN INC.

Nos. 98-C-0715, 98-C-0751.

747 So.2d 503 (1999)

Timothy W. KITE d/b/a Timothy Kite Enterprises v. GUS KAPLAN INC. and Gustave Kaplan. Gus Kaplan, Inc. v. Timothy Kite Enterprises.

Supreme Court of Louisiana.

Rehearing Denied January 7, 2000.

Attorney(s) appearing for the Case

J. Morgan Passman, Walker, Passman & Michiels, Alexandria, Edward A. Kaplan, Alexandria, for Applicant.

Cary Brian Bryson, Robert Murray Mahony, Lafayette, Harry Lawrence Shoemaker, III, Baton Rouge, for Respondent.

LEMMON, Justice.*

This is an action by the lessee of space in a department store, leased for the operation of a fine jewelry department, against the store's corporate owner and its chief officer for damages for breach of the lease and for wrongful eviction. The principal question is whether the store owner's contractual authority to change the "space" of the fine jewelry department permitted the owner to remove the jewelry from that complex...

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