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IN RE TUFTS OIL AND GAS-III

No. 03-CA-1296.

871 So.2d 476 (2004)

In re TUFTS OIL AND GAS-III, A Delaware Limited Partnership.

Court of Appeal of Louisiana, Fifth Circuit.

March 30, 2004.

Attorney(s) appearing for the Case

William W. Hall, William W. Hall & Associates, Metairie, LA, and Jack A. Grant, Grant and Barrow, Gretna, LA, for defendant-plaintiff-in-reconvention and appellant Tufts Oil and Gas-III, a Delaware Limited Partnership.

Walter C. Thompson, Jr., Jan K. Frankowski, Barkley & Thompson, New Orleans, LA, for defendant-appellant Robert G. Tufts.

James M. Garner, Sher, Garner, Cahill, Richter, Klein, McAlister & Hilbert, and Mark S. Stein, Mitchell J. Hoffman, Lowe, Stein, Hoffman, Allweiss & Hauver, and T. Carey Wicker, III, Capitelli & Wicker, and Thomas M. Flanagan, Jennifer L. Thornton, Stanley, Flanagan & Reuter, New Orleans, LA, for appellees, Linda Tufts Hebbler and Frederick J. Tufts.

Panel composed of Judges MARION F. EDWARDS, SUSAN M. CHEHARDY and CLARENCE E. McMANUS.

CLARENCE E. McMANUS, Judge.

Tufts Oil & Gas-III, L.P. appeals the district court judgment dismissing its reconventional demand after maintaining exceptions of no right of action, or alternatively, lack of procedural capacity. At issue is whether the president of Tufts' corporate general partner possessed authority to file the reconventional demand in the name of the limited partnership. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY...

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