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BROOKEWOOD INVS. v. SIXTY-THREE TWENTY-FOUR

No. 2012-CA-1205.

116 So.3d 899 (2013)

BROOKEWOOD INVESTMENTS CO., L.L.C. v. SIXTY-THREE TWENTY-FOUR CHEF MENTEUR HIGHWAY L.L.C. and Jacob V. Morreale.

Court of Appeal of Louisiana, Fourth Circuit.

May 15, 2013.

Attorney(s) appearing for the Case

Scott J. Sonnier , Lemle & Kelleher, L.L.P., New Orleans, LA, for Plaintiff/Appellant.

Lawrence Blake Jones , Errol Barry Conley , Scheuermann & Jones, New Orleans, LA, Charles E. McHale, Jr. , New Orleans, LA, for Defendant/Appellee.

(Court composed of Judge DENNIS R. BAGNERIS, SR., Judge MAX N. TOBIAS, Jr., Judge JOY COSSICH LOBRANO).

MAX N. TOBIAS, JR., Judge.

This matter comes to us on remand from the Supreme Court of Louisiana for reconsideration of our earlier decision set forth in Brookewood Investments Co., L.L.C. v. Sixty-Three Twenty-Four Chef Menteur Highway, L.L.C., 12-1205 (La. App. 4 Cir. 1/16/13), 108 So.3d 329, in light of its holding in Smitko v. Gulf South Shrimp, Inc., 11-2556 (La.7/2/12), 94 So.3d 750

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