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Z.U. AZHAR CLINIC v. RAFIQ

No. 2005-CA-0167.

913 So.2d 135 (2005)

Z.U. AZHAR CLINIC, a Limited Liability Company v. Kamran RAFIQ, M.D.

Court of Appeal of Louisiana, Fourth Circuit.

July 6, 2005.

Attorney(s) appearing for the Case

George Pivach II, Timothy Thriffiley, Pivach, Pivach, Hufft & Thriffiley, L.L.C., Belle Chasse, Louisiana, for Plaintiff/Appellee.

Kyle A. Silvers, Farah & Silvers, LLP, Toledo, Ohio, and Stephen C. Braud, Ballay, Braud & Colon, PLC, Belle Chasse, Louisiana, for Defendant/Appellant.

(Court composed of Judge JAMES F. McKAY III, Judge DAVID S. GORBATY, Judge EDWIN A. LOMBARD).

JAMES F. McKAY III, Judge.

This is an appeal of a default judgment granting liquidated damages and attorney's fees in a breach of employment contract action. For the reasons that follow, we vacate the judgment and remand.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

On June 18, 2001, defendant/appellant, Kamran Rafiq, M.D. ("Dr. Rafiq"), entered into an Employment Contract ("the Contract") with plaintiff/appellee, Z.U. Azhar Clinic, L.L.C. ("the Clinic...

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