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SAMUEL v. COMMUNITY COFFEE CO., INC.

No. 2001 CA 2267.

835 So.2d 662 (2002)

B.F. SAMUEL, Sr. d/b/a Upstream Shopping Center v. COMMUNITY COFFEE COMPANY, INC. d/b/a C.C.'s Gourmet Coffeehouse.

Court of Appeal of Louisiana, First Circuit.

Writ Denied December 19, 2002.

Attorney(s) appearing for the Case

Samuel A. Giberga, Joseph C. Peiffer, New Orleans, for Appellant Defendant Community Coffee Co., d/b/a C.C.'s Gourmet Coffeehouse.

Lamar M. Richardson, Mandeville, for Appellee Plaintiff B.F. Samuel, Sr., d/b/a Upstream Shopping Center.

Before: FOIL, FOGG and KLINE, JJ.

FOIL, J.

In this appeal, Community Coffee Company, L.L.C. d/b/a C.C.'s Gourmet Coffeehouse challenges the trial court's grant of summary judgment in favor of B.F. Samuel, Sr. d/b/a Upstream Shopping Center on the issue of Community's liability under a lease contract. For the reasons that follow, we reverse.

FACTUAL AND PROCEDURAL BACKGROUND

Community Coffee hired Neal Hixon to assist in identifying potential sites in the New Orleans area to operate...

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