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LEVINGSTON SUPPLY CO. v. AMERICAN EMPLOYERS' INS. CO.

No. 7334.

216 So.2d 158 (1968)

LEVINGSTON SUPPLY CO., Inc., Plaintiff-Appellee, v. AMERICAN EMPLOYERS' INSURANCE COMPANY et al., Defendants-Appellants.

Court of Appeal of Louisiana, First Circuit.

On Rehearing November 12, 1968.

Rehearing Denied December 16, 1968.

Writ Refused February 24, 1969.

Attorney(s) appearing for the Case

Arthur C. Reuter, of Reuter, Reuter & Schott, New Orleans, for defendants and third party plaintiff-appellee.

Harvey C. Koch, of Beard, Blue, Schmitt & Treen, New Orleans, for third party defendant-appellant.

R. Boatner Howell, Jr., Baton Rouge for appellant.

Ashton L. Stewart, of Laycock & Stewart, Baton Rouge, for appellee.

Before LANDRY, REID and BAILES, JJ.

BAILES, Judge.

This action arises from a public school construction project in which plaintiff, a materialman, brought suit against Mickey Construction Company, Inc., (Mickey) the general contractor, American Employers' Insurance Company, (Employers') surety for the general contractor, and D & M Mechanical Contractors, Inc., (D. & M.) a subcontractor, for the price of certain plumbing and mechanical supplies and materials sold to D & M and used in the...

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