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CLUSE v. H & E EQUIPMENT SERVICES, INC.

No. 09-574.

34 So.3d 959 (2010)

James Patrick CLUSE d/b/a J.P. Cluse Construction v. H & E EQUIPMENT SERVICES, INC.

Court of Appeal of Louisiana, Third Circuit.

March 31, 2010.

Attorney(s) appearing for the Case

Stan Gauthier, II Law Corporation, Nicole Laborde Romero, Lafayette, LA, for Plaintiff/Appellant, James Patrick Cluse.

Taylor, Porter, Brooks & Phillips L.L.P., John Ashley Moore, William H.L. Kaufman, Baton Rouge, LA, for Defendant/Appellee, H & E Equipment Services, Inc.

Court composed of SYLVIA R. COOKS, JOHN D. SAUNDERS, DAVID J. PAINTER, JAMES T. GENOVESE and SHANNON J. GREMILLION, Judges.

COOKS, Judge.

FACTS

James Patrick Cluse d/b/a J.P. Cluse Construction (Cluse) traded in a 2001 Kamatsu bulldozer for a 2003 bulldozer with H & E Equipment Services, Inc. (H & E) on October 9, 2006. Cluse's dealings with H & E began in June 2006 when he brought his 2001 dozer to H & E's shop in Maurice, Louisiana, to diagnose a problem. At that time Cluse met H & E's salesman, Brent Broussard (Broussard), and told him the 2001 dozer was...

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