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B. SAMUEL CO. v. XAVIER UNIVERSITY OF L.A.

No. 2010-CA-1145.

57 So.3d 559 (2011)

B. SAMUEL COMPANY, INC. v. XAVIER UNIVERSITY OF LOUISIANA.

Court of Appeal of Louisiana, Fourth Circuit.

January 27, 2011.

Attorney(s) appearing for the Case

Philip C. Ciaccio, Jr. , Gretna, LA, for Plaintiff-Appellant, B. Samuel Company, Inc.

F. Evans Schmidt , Koch & Schmidt, LLC, New Orleans, LA, for Defendant-Appellee, Xavier University of Louisiana.

(Court composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge DENNIS R. BAGNERIS, SR., Judge MAX N. TOBIAS, JR.).

ARMSTRONG, Chief Judge.

Plaintiff-appellant, B. Samuel Company, Inc. ("Samuel"), appeals a judgment dated August 31, 2009, dismissing its claims pursuant to a Motion of Involuntary Dismissal filed by the defendant-appellee, Xavier University of Louisiana.

Samuel is a retail and wholesale distributor of building materials located in a warehouse at 939 South Jefferson Davis Parkway in New Orleans. The warehouse is bounded on three sides by the defendant's

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