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MOSKAU v. KATZ

No. 01-CA-632.

802 So.2d 947 (2001)

Eric and Sonya MOSKAU v. Stephen KATZ.

Court of Appeal of Louisiana, Fifth Circuit.

November 27, 2001.

Attorney(s) appearing for the Case

John A. Berry, River Ridge, LA, Counsel for plaintiffs-appellants.

Stephen D. Marx, Chehardy, Sherman, Ellis, Breslin & Murray, Metairie, LA, Counsel for defendant-appellee.

Court composed of Judges SOL GOTHARD, THOMAS F. DALEY and CLARENCE E. McMANUS.

McMANUS, Judge.

This case arises out of a failed real estate transaction. The Plaintiffs, Eric and Sonya Moskau, allege that the Defendant, Stephen Katz, breached the Purchase Agreement between them. The Moskaus seek specific performance and damages. The Defendant filed a Partial Motion for Summary Judgment arguing that the Plaintiff cannot legally seek both specific performance and damages. From a judgment granting partial summary judgment in favor of Mr. Katz, the...

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