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LUFFEY v. FREDERICKSBURG PROPERTIES OF TX

Nos. 37,591-CA, 37,592-CA.

862 So.2d 403 (2003)

Gary LUFFEY on Behalf of FREDERICKSBURG PROPERTIES OF TEXAS, LP, Plaintiff-Appellees, v. FREDERICKSBURG PROPERTIES OF TEXAS, LP, et al., Defendant-Appellants, Gary Luffey on Behalf of Allante Properties of Texas, LP, Plaintiffs-Appellees, v. Allante Properties of Texas, LP, et al., Defendant-Appellants.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied January 22, 2004.

Attorney(s) appearing for the Case

Kitchens, Benton, Kitchens & Newell by Daniel W. Newell, Minden, for Appellants.

Snellings, Breard, Sartor, Trascher & Inabnett by Charles C. Trascher, III, Monroe, David R. Loveridge, for Appellees.

Before WILLIAMS, GASKINS, PEATROSS, DREW and MOORE, JJ.

PEATROSS, J.

These consolidated cases are derivative actions filed in Lincoln Parish by Gary Luffey ("Luffey"), a limited partner in two limited partnerships that operate nursing homes in San Antonio, Texas. The defendants filed exceptions of lack of subject matter jurisdiction, urging that the "Law Governing" clause of the partnership agreements limited jurisdiction and venue to Travis County, Texas. The district court overruled the exceptions. This court granted...

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