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

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.