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LEVINGSTON SUPPLY CO. v. D & M MECHANICAL CON., INC.

No. 7357.

211 So.2d 414 (1968)

LEVINGSTON SUPPLY COMPANY, Inc., Plaintiff-Appellee, v. D & M MECHANICAL CONTRACTORS, INC., Defendant-Appellant. The AETNA CASUALTY & SURETY CO. et al., Defendants-Appellants, Third-Party Plaintiffs, v. UNITED BONDING INSURANCE CO. et al., Third-Party Defendants-Appellants.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied July 1, 1968.

Attorney(s) appearing for the Case

Harvey C. Koch, of Beard, Blue, Schmitt & Treen, New Orleans, for United Bonding Ins. Co. and D & M Mechanical Contractors, Inc.

John A. Boatner, Jr., Bunkie, for James A. Eiland and Aetna Casualty & Surety Co.

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

Before LOTTINGER, ELLIS and CUTRER, JJ.

CUTRER, Judge.

This is a suit by a furnisher of material on a public works, under the provisions of LSA-R.S. 38:2241 et seq. On July 13, 1965 the Lafourche Parish School Board entered into a written contract with James A. Eiland, Jr., Inc., for the construction of the Central Lafourche High School at Matthews, Louisiana. The Aetna Casualty and Surety Company was the surety on the contract as required by statute. Eiland sub-contracted the plumbing and mechanical work...

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