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R.J. MESSENGER, INC. v. ROSENBLUM

Nos. 2003-CA-2209, 2003-CA-2210.

904 So.2d 760 (2005)

R.J. MESSINGER, INC. v. Carl D. ROSENBLUM and Kathryn L. Knauss-Rosenblum. Carl D. Rosenblum and Kathryn L. Knauss-Rosenblum v. R.J. Messinger, Inc.

Court of Appeal of Louisiana, Fourth Circuit.

May 11, 2005.

Attorney(s) appearing for the Case

Jack E. Morris, Metairie, Counsel for Appellant R.J. Messinger, Inc.

Robin D. McGuire, Jones Walker Waechter Poitevent Carrere & Denegre, L.L.P., Lafayette, Counsel for Appellees Carl D. Rosenblum and Kathryn L. Knauss-Rosenblum.

Court composed of Judge MICHAEL E. KIRBY, Judge EDWIN A. LOMBARD, Judge ROLAND L. BELSOME.

KIRBY, J.

This is an appeal of a partial summary judgment granted in favor of Carl and Kathryn Rosenblum ("the Rosenblums") and against R.J. Messinger, Inc. ("Messinger"). For the reasons set forth below, we affirm.

On October 1, 1993, the Rosenblums entered into a contract with Messinger for the construction of a home. The contract specified that Messinger would utilize Orkin Exterminating Company ("Orkin") to provide the chemical spray beneath the slab for...

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