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KINKLE v. R.D.C., L.L.C

No. 04-1092.

889 So.2d 405 (2004)

Mary J. KINKLE v. R.D.C., L.L.C.

Court of Appeal of Louisiana, Third Circuit.

December 8, 2004.

Attorney(s) appearing for the Case

R. Lewis McHenry, R. Patrick Vance, Virginia M. Gundlach, Jones, Walker, Waechter, Poitevent, Carrére & Denégre, L.L.P., New Orleans, LA, for Plaintiff/Appellant, Mary J. Kinkle.

Joseph J. Bailey, Ricky L. Sooter, Provosty, Sadler, deLaunay, Fiorenza & Sobel, Alexandria, LA, for Defendant/Appellee, R.D.C., L.L.C.

Court composed of OSWALD A. DECUIR, JIMMIE C. PETERS, and GLENN B. GREMILLION, Judges.

GREMILLION, Judge.

The plaintiff, Mary J. Kinkle, in her capacity as Personal Representative of the Estate of Richard F. Kinkle, appeals the trial court's grant of summary judgment in favor of the defendant, R.D.C., L.L.C. For the following reasons, we affirm in part, reverse in part, render in part, and remand the matter to the trial court for further proceedings.

FACTS

Richard F. Kinkle died testate on January 29, 2003, in Charlevoix County, Michigan...

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