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LEBOVITZ v. SHERATON OPERATING CORP.

No. 2003-C-2174.

868 So.2d 164 (2004)

Marvin LEBOVITZ v. SHERATON OPERATING CORPORATION d/b/a Sheraton New Orleans Hotes, et al.

Court of Appeal of Louisiana, Fourth Circuit.

February 11, 2004.

Attorney(s) appearing for the Case

Allain F. Hardin, Fransen & Hardin, New Orleans, LA, for Respondent, Marvin Lebovitz.

John F. Olinde, Earl F. Sundmaker, III, Heather M. Valliant, Jason T. Spence, Chaffe, McCall, Phillips, Toler & Sarpy, L.L.P., New Orleans, LA, for Relator, Sheraton Operating Corp. d/b/a, Sheraton New Orleans Hotel.

(Court composed of Judge JAMES F. McKAY III, Judge MICHAEL E. KIRBY, Judge Pro Tempore MOON LANDRIEU).

MICHAEL E. KIRBY, Judge.

FACTS:

The plaintiff entered the Sheraton Hotel on Super Bowl Sunday, February 3, 2002 allegedly to get a shoeshine. The hotel was under the impression he was scalping tickets to the game. The hotel avers a security guard asked him to leave and that he refused. The plaintiff claims he agreed to leave but not until he could speak with a manager. He alleges he was dragged into the...

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