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U.S. RISK MANAGEMENT, L.L.C. v. DAY

No. 2011-CA-0533.

73 So.3d 1100 (2011)

UNITED STATES RISK MANAGEMENT, L.L.C. v. Lee DAY.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied October 24, 2011.

Attorney(s) appearing for the Case

Lance J. Arnold , Stuart G. Richeson , Baldwin Haspel Burke & Mayer, L.L.C., New Orleans, LA, for Plaintiff/Appellant.

Michael P. Bienvenu , Kinchen Walker Bienvenu Bargas & Reed, L.L.C., Baton Rouge, LA, for Defendant/Appellee.

(Court composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge MAX N. TOBIAS, JR., Judge EDWIN A. LOMBARD).

MAX N. TOBIAS, JR., Judge.

The plaintiff, United States Risk Management, L.L.C. ("US Risk"), appeals the trial court's granting of a "Motion for Judgment on the Pleadings and/or Motion for Summary Judgment (hereinafter, "the motion")" in favor of defendant, Lee Day. Having determined that a genuine issue of material fact exists as to the parties' intent, we reverse the trial court's granting of the motion and remand the matter to the trial court for further proceedings...

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