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NIGHT AND DAY PARTNERS v. GREAT AMERICAN

No. 37,927-CA.

876 So.2d 850 (2004)

NIGHT AND DAY PARTNERS, LTD, Plaintiff-Appellee v. GREAT AMERICAN REAL FOOD FAST, INC., Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

March 17, 2004.

Attorney(s) appearing for the Case

Mills, Turansky & Cox by George H. Mills, Jr., Shreveport, for Appellant.

Kelly, Townsend & Thomas by Thomas T. Townsend, Christopher G. Young, Natchitoches, for Appellee.

Before STEWART, PEATROSS and LOLLEY, JJ.

STEWART, J.

Great American Real Food Fast, Inc. ("Great American") appeals the trial court's grant of Night and Day Partners, Ltd.'s ("Night and Day") eviction action. Finding that the trial court erred as a matter of law we reverse and remand for the reasons expressed herein.

FACTS

The subject property of this dispute was sold by Cal Staggers ("Staggers") to Night and Day by cash sale deed on May 21, 2001...

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