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MARQUETTE CEMENT MFG. CO. v. NORMAND

No. 48175.

192 So.2d 552 (1966)

249 La. 1027

MARQUETTE CEMENT MANUFACTURING COMPANY, Inc. v. C. J. NORMAND and Trinity Universal Insurance Company.

Supreme Court of Louisiana.

December 12, 1966.

Attorney(s) appearing for the Case

Benton & Moseley, Edward Donald Moseley, Baton Rouge, for plaintiff-appellee-relator.

Seale, Hayes, Smith & Baine, Edward C. Seghers, Baton Rouge, for defendant-appellant-respondent.

SANDERS, Justice.

The sole question presented by this case is whether the one-year prescription of LSA-R.S. 38:2247 applies to a materialman's suit against a surety on a public work contractor's bond.

The facts are stipulated: C. J. Normand, a highway contractor, contracted with the Louisiana Department of Highways to construct the Eva-Northwest Highway in Concordia Parish. The Trinity Universal Insurance Company became surety on the contractor's bond. The...

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