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BANK OF THE SOUTH v. FORT LAUDERDALE TECH. COL. INC.

Civ. A. No. 68-1990.

301 F.Supp. 260 (1969)

BANK OF THE SOUTH, Plaintiff, v. FORT LAUDERDALE TECHNICAL COLLEGE, INC., Defendant.

United States District Court E. D. Louisiana, New Orleans Division.

May 24, 1969.

Attorney(s) appearing for the Case

Val A. Schaff, III, New Orleans, La., for plaintiff.

Leon Sarpy, New Orleans, La., E. Clay Shaw, Jr., Fort Lauderdale, Fla., for defendant.

RUBIN, District Judge:

The plaintiff sues on an alleged express contract. In the alternative, it seeks to recover under the respected civil law doctrine of negotiorum gestio, the basic rule for which is set forth in Louisiana Civil Code Article 2295:

"When a man undertakes, of his own accord, to manage the affairs of another, whether the owner be acquainted with the undertaking or ignorant of it, the person assuming the agency contracts the tacit engagement...

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