Economy Carpets Mfrs. & Distributors, Inc. v. Better Business Bureau of Baton Rouge, Inc.

• Decision Date: 12 April 1976
• Docket Number: No. 10685,10685
• Citation: 333 So.2d 765
• Parties: 1976-2 Trade Cases P 61,182 ECONOMY CARPETS MANUFACTURERS AND DISTRIBUTORS, INC. v. BETTER BUSINESS BUREAU OF BATON ROUGE, INC.
• Court: Court of Appeal of Louisiana — District of US

Page 765

333 So.2d 765

1976-2 Trade Cases P 61,182

ECONOMY CARPETS MANUFACTURERS AND DISTRIBUTORS, INC. v. BETTER BUSINESS BUREAU OF BATON ROUGE, INC.

No. 10685.

Court of Appeal of Louisiana, First Circuit.

April 12, 1976.

Rehearing Denied May 28, 1976.

Writ Refused July 2, 1976.

Bart Eaton, D. Bert Garraway, Baton Rouge, for Economy Carpets.

Maurice J. Wilson, Breazeale, Sachse & Wilson, Baton Rouge, for defendants-appellees.

Donald T. W. Phelps, Baton Rouge, for exceptors, Breazeale, Sachse & Wilson.

Before ELLIS, BLANCHE and LOTTINGER, J.

ELLIS, Judge:

Plaintiff Economy Carpets Manufacturers and Distributors, Inc. brings this appeal from a judgment sustaining an exception of not cause of action filed by defendant Breazeale, Sachse and Wilson, a profession law partnership, and dismissing the suit as to that defendant.

This suit was originally filed against the Better Business Bureau of Baton Rouge, Inc. for damages arising out of an alleged conspiracy to restrain trade or commerce in violation of R.S. 51:121 et seq. By a third supplemental petition, Breazeale, Sachse and Wilson was named a defendant. An exception of no cause of action was filed and sustained, and plaintiff given an opportunity to amend its petition. A fourth supplemental and amended petition was filed, amending paragraph 21 to read as follows:

'Defendant, Breazeale, Sachse and Wilson, is liable as a codefendant for the following reasons:

'(1) On information and belief, petitioner alleges that defendant has conspired and/or combined with the Better Business Bureau of Baton Rouge Area, Inc. and/or other named defendants herein, to restrain trade or commerce in violation of La.R.S. 51:122; which conspiracy or combination was calculated to and did cause injury and loss to plaintiff, all as set forth hereinabove;

'(2) Petitioner further alleges that one or more members of defendant law firm serve on the Board of Directors of the Better Business Bureau of Baton Rouge Area, Inc., and, as such, are privy to information received and also actively participated in the affairs of same and that defendant law firm did cooperate in advising and assisting the accomplishment of the Common design to restrain trade or commerce and to defame petitioner by cooperating with, advising and assisting the co-defendants in this law suit in the following particulars:

'a. Bob Breazeale was and is a partner in the law firm of Breazeale, Sachse & Wilson; he is also a member of the Board of Directors and legal advisor to the Better Business Bureau of Baton Rouge Area Inc. and has been since said organization was founded. By admission, other members of defendant law firm have also advised, cooperated with and assisted the Better Business Bureau of Baton Rouge Area, Inc. in the accomplishment of their common design by:

'1. Meeting with Jim Kohlter, president of the Better Bureau of Baton Rouge Area, Inc. for period in excess of one hour and aiding, assisting and cooperating with them in the preparation and publication of a so called 'Special Bulletin' published in October, 1974, which received wide circulation in the Greater Baton Rouge area, which said bulletin was devoted exclusively to petitioner and contained material and information which was false and misleading and which was calculated to injure, embarrass and humiliate petitioner and did injure, embarrass and humiliate petitioner by making it an object of public ridicule, scorn and approbation, thereby damaging petitioner's business and reputation.

'2. Defendant law firm was aware of and did cooperate with, advise and assist defendant Better Business Bureau of Baton Rouge, Inc. in their common design to restrain trade and/or commerce by defaming petitioner and by attempting to force petitioner out of business by maliciously and recklessly causing a complaint to be filed with the defendant Governor's Office of Consumer Protection, alleging that petitioner has been guilty of unlawful and/or unfair trade practice in spite of the fact that defendant either knew or should have known that such allegations were untrue and unfounded, which complaint caused further damage to petitioner, all as shown by a copy of a letter dated February 20, 1975, from Jim Kolter, president of the Better Business Bureau of Baton Rouge Area, Inc. which shows that Bob Breazeale, partner in defendant law firm and board member of defendant Better Business Bureau of Baton Rouge Area, Inc. was copied on same, all as shown by a copy of said letter attached hereto and made a part hereof.

'3. Plaintiff further shows that defendant law firm further participated in committing injury against plaintiff and in further attempting to restrain trade or...