City of New Orleans v. Orleans Transportation Services, Inc.

Supreme Court of Louisiana May 18, 1990

City of New Orleans v. Orleans Transportation Services, Inc., 560 So. 2d 448 (La. 1990)

1990 La. LEXIS 1217; 1990 WL 64849

Application, Cole, Deny, Marcus

Opinion of the Court

PER CURIAM.

Granted. The court of appeal correctly reversed the summary judgment and remanded the case for trial. However, the court of appeal improperly proceeded to interpret the contract on the basis of the intent of the parties before a trial on the merits of the issue. Accordingly, the decision of the court of appeal is amended in this respect and, as amended, is affirmed.

MARCUS and COLE, JJ., would deny the application.

Reference

Full Case Name: CITY OF NEW ORLEANS, The New Orleans Aviation Board v. ORLEANS TRANSPORTATION SERVICES, INC.
Status: Published