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SUPREME COURT OF LOUISIANA

No. 96-C-1716 c/w 96-C-1727
LOUISIANA SMOKED PRODUCTS, INC. Versus SAVOIE'S SAUSAGE AND FOOD PRODUCTS, INC. ON WRIT OF CERTIORARI FROM THE COURT OF APPEAL, THIRD CIRCUIT, PARISH OF ST. LANDRY, STATE OF LOUISIANA

JOHNSON, Justice*

We granted writ of certiorari to determine whether a non-competition clause in a contractual agreement between Louisiana Smoked Products, Inc. and Savoie's Sausage and Food Products, Inc. is null and void under La. R.S. 23:921(A), which nullifies contracts or agreements which contain restraints on the exercise of a lawful profession or business. A jury found La. R.S. 23:921 applicable to the case at bar, and rendered judgment in favor of defendant, Savoie's Sausage and Food Products, Inc. Finding La. R.S. 23:921 inapplicable to the facts of the present case, the court of appeal reversed the trial court's ruling.

FACTS AND PROCEDURAL HISTORY Savoie Sausage and Food Products, Inc. ("Savoie"), manufactures and distributes Cajun food products. On March 26, 1988, Louisiana Smoked Products, Inc. ("L.S.P.")

*

Knoll, J. not on panel. Supreme Court Rule IV, Part 2,

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Louisiana Law