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PREMIER RESTAURANTS, INC. v. KENNER PLAZA SHOPPING CENTER, L.L.C.

No. 00-CA-1700.

778 So.2d 1180 (2001)

PREMIER RESTAURANTS, INC. v. KENNER PLAZA SHOPPING CENTER, L.L.C.

Court of Appeal of Louisiana, Fifth Circuit.

January 30, 2001.

Attorney(s) appearing for the Case

Robert A. Kutcher, Nicole S. Tygier, Patricia D. Tunmer, Metairie, LA, for Plaintiff-Appellee.

Stephen I. Dwyer, Suzanne Cambre, Scott M. Cullen, Metairie, LA, for Defendant-Appellant.

Panel composed of DUFRESNE, C.J., CANNELLA, J., and SCHOTT, Pro Tempore.

DUFRESNE, Chief Judge.

This is a breach of contract action in which Kenner Plaza Shopping Center, LLC, defendant-appellant, appeals from an adverse 1.25 million dollar damage award, with interest and attorney fees, in favor of Premier Restaurants, Inc., plaintiff-appellee. Because the underlying liability of Kenner Plaza has not yet been determined, the damage award is without any basis, and we therefore must vacate it.

The peculiar procedural posture of this...

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