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THE TRUST v. JACKSON BREWERY MARKETPLACE

No. 2002-CA-2337.

847 So.2d 674 (2003)

EDGAR BENJAMIN FONTAINE TESTAMENTARY TRUST and James Louis Reynolds, Jr., Trustee, v. JACKSON BREWERY MARKETPLACE, Limited and Jackson Brewery Marketplace, Inc.

Court of Appeal of Louisiana, Fourth Circuit.

May 7, 2003.

Attorney(s) appearing for the Case

Louise M. Bienvenu, New Orleans, LA, for Plaintiffs/Appellants, Edgar Benjamin Fontaine Testamentary Trust and James Louis Reynolds, Jr., Trustee.

Steven W. Usdin, Celeste R. Coco-Ewing, Stone Pigman Walther Wittmann L.L.C., New Orleans, LA, for Defendants/Appellees, Jackson Brewery Marketplace Limited and Jackson Brewery Marketplace, Inc.

(Court composed of Judge DENNIS R. BAGNERIS, SR., Judge EDWIN A. LOMBARD, Judge LEON A. CANNIZZARO, JR.).

LEON A. CANNIZZARO, JR., Judge.

The appellants filed a petition for declaratory judgment that was dismissed by the trial court on an exception of prematurity. The appellants are now appealing the trial court's decision to dismiss their case.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

The Edgar Benjamin Fontaine Testamentary Trust (the "Trust") owns and leases the square of ground in New Orleans, Louisiana bounded by North Peters, St. Louis, Clay and...

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