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JESSE F. HEARD & SONS v. BIRMINGHAM ORNAMENTAL IRON COMPANY

No. 9287.

124 So.2d 220 (1960)

JESSE F. HEARD & SONS et al., Plaintiff-Appellee, v. BIRMINGHAM ORNAMENTAL IRON COMPANY, Inc., et al., Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied December 1, 1960.

Certiorari Denied January 9, 1961.

Attorney(s) appearing for the Case

Hayes, Harkey & Smith, Monroe, for appellants.

Howell H. Heard, West Monroe, for appellees.

GLADNEY, Judge.

Plaintiffs, a general contractor and its surety, sued to cancel an affidavit of lien for $4,355.08 filed by Birmingham Ornamental Iron Company, Inc., in Lincoln Parish, Louisiana, the claim arising out of the construction of a Student Union Building for Grambling College. After trial, the judge a quo denied the defenses urged therein, predicating his findings and rulings on those announced in a companion...

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