In Re Whitten Foundation; — Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. M, Nos. 491,484; to the Court of Appeal, First Circuit, No.2004 CA 0934.

Granted. The parties agree there are no genuine issues of material fact. The court of appeal did not specify any such facts and we perceive none. The case is remanded to the court of appeal to review the motion for summary judgment on the merits.