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CALLAHAN v. CIRCUIT CITY STORES, INC.

No. 2006 CA 1663.

971 So.2d 1116 (2007)

Wendell J. CALLAHAN, Jr. and Jerome M. Cousan v. CIRCUIT CITY STORES, INC., Employees A, B, and C of Circuit City Stores, Inc., and XYZ Insurance Company.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied November 15, 2007.

Attorney(s) appearing for the Case

Emery Norton Voorhies, Maurice LeGardeur, Covington, LA, for Plaintiffs/Appellees, Wendell J. Callahan, Jr. and Jerome M. Cousan.

Robert W. Barton, Matthew L. Mullins, Baton Rouge, LA, for Defendant/Appellant Circuit City Stores, Inc.

Before PARRO, GUIDRY, GAIDRY, McCLENDON, and HUGHES, JJ.

McCLENDON, J.

Defendant, Circuit City Stores, Inc. (Circuit City), appeals the trial court's judgment in favor of plaintiffs, Wendell J. Callahan, Jr. (Callahan) and Jerome M. Cousan (Cousan). For the reasons that follow, we reverse and render.

FACTS AND PROCEDURAL HISTORY

On October 26, 2003, Michael Morris, manager of the Circuit City Store in Covington, Louisiana, observed two African-American men leaving the store under suspicious circumstances...

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