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MILLER v. CONAGRA, INC.

No. 2008-C-0021.

991 So.2d 445 (2008)

Gary L. MILLER v. CONAGRA, INC.

Supreme Court of Louisiana.

September 8, 2008.

Attorney(s) appearing for the Case

William P. Crews, Jr., L.L.C., William Preston Crews, Jr., Baker & McKenzie, Clayton E. Bailey, Por Hac Vice, for applicant.

Craig L. Davis, L.P.L.C., Craig Alan Davis, Lafayette, Gordon, Arata, McCollam, Duplantis & Eagan, L.L.P., Louis Middleton Phillips, Baton Rouge, for respondent.

CALOGERO, Chief Justice.*

This action for breach of contract and violation of Louisiana's Unfair Trade Practices and Consumer Protection Law raises issues regarding judicial estoppel, no right of action, and timeliness. For the following reasons we find that the Plaintiff is not judicially estopped from bringing this action. Also, we find Defendant is procedurally barred from asserting his exception of no right of action and Defendant...

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