Legal Opinion · Dissent

Benham v. Guilbeaux

Louisiana Court of Appeal

Decided February 6, 1978No. 6244Published

1DissentWatson, Judge

In considering this appeal it must be constantly remembered that under consideration is a rather unique personal services contract1 and that the fundamental cause from the employer’s point of view is that the “Four Keys” were engaged “. for the entertainment of Defendant’s patrons”. TR. 3 (plaintiff’s petition).

The primary issue is whether Guilbeaux was justified in terminating the employment of the Four Keys.

The contract of employment between Gu-ilbeaux and the Four Keys provides that the four musicians are Guilbeaux’s employees and states:

“6. The Employer shall at all times have complete…

2Cases cited7 opinions

  1. Lee v. BlackwellLouisiana Court of Appeal · 1973
  2. Georesearch, Inc. v. MorrissDistrict Court, W.D. Louisiana · 1961
  3. Hudson v. Allstate Insurance CompanyLouisiana Court of Appeal · 1964
  4. Southern Pacific Transport Company v. DoyalLouisiana Court of Appeal · 1974
  5. Florence v. Clinique Laboratories, Inc.Louisiana Court of Appeal · 1977

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