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UPTON v. WHITEHEAD

No. 42,314-CA.

962 So.2d 1168 (2007)

Richard Carl UPTON, Plaintiff-Appellee v. James G. WHITEHEAD, et ux., Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

August 15, 2007.

Attorney(s) appearing for the Case

Davis Law Office, by S.P. Davis, for Appellants.

Lemle & Kelleher by Brian A. Cowan and Stephen C. Fortson, Shreveport, for Appellee.

Before BROWN, STEWART and DREW, JJ.

STEWART, J.

In Upton v. Whitehead, 41,131 (La. App. 2d Cir.6/28/06), 935 So.2d 746, we reversed a summary judgment, that had resulted in the Whiteheads' eviction, upon finding that the parties' oral agreement was a bond for deed contract and that a material issue of fact existed as to whether the Uptons had complied with the mandatory notice required by La. R.S. 9:2945(A) for cancellation of the contract. On remand, the trial...

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