SOUTHERN TOOL & SUPPLY v. BEERMAN PRECISION

No. 2004-CA-1791.

899 So.2d 53 (2005)

SOUTHERN TOOL & SUPPLY, INC. v. BEERMAN PRECISION INC., Industrial Welding Supply Co. and Black and Decker.

Court of Appeal of Louisiana, Fourth Circuit.

February 14, 2005.


Attorney(s) appearing for the Case

Lynn H. Frank, Best Koeppel, APLC, New Orleans, LA, and Joseph R. Ward, Jr., Ward & Condrey, L.L.C., Covington, LA, for Plaintiff/Appellee (Southern Tool & Supply).

Harry Rosenberg, Christopher K. Ralston, Phelps Dunbar, L.L.P., New Orleans, LA, for Defendant/Appellant (Black & Decker (U.S.) Inc.).

Don M. Richard, Metairie, LA, for Defendant/Appellant (Industrial Welding Supply, Co.).

Henry W. Kinney, Kinney & Ellinghausen, New Orleans, LA, and Lawrence M. Lehmann, Lehmann, Norman & Marcus LLC, New Orleans, LA, for Defendant/Appellant (Beerman Precision, Inc.).

(Court composed of Judge CHARLES R. JONES, Judge PATRICIA RIVET MURRAY, Judge DENNIS R. BAGNERIS SR., Judge MICHAEL E. KIRBY, Judge TERRI F. LOVE).


MICHAEL E. KIRBY, Judge.

In this state antitrust action, defendants, Black & Decker (U.S.) Inc., Beerman Precision, Inc. and Industrial Welding Supply Co.1, appeal the trial court judgment overruling their declinatory exceptions of lack of subject matter jurisdiction. La. R.S. 51:135 authorizes a direct appeal from this interlocutory ruling, and La. R.S. 51:134 mandates that this appeal be given expedited consideration.

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