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PRINGLE-ASSOCIATED MORTGAGE CORPORATION v. EANES

Nos. 49234, 49249, 49262.

226 So.2d 502 (1969)

254 La. 705

PRINGLE-ASSOCIATED MORTGAGE CORPORATION v. Ernest R. EANES, Jr., et al.

Supreme Court of Louisiana.

On Rehearing June 27, 1969.

Rehearing Denied October 8, 1969.

Attorney(s) appearing for the Case

Doris Gates Rankin, George S. Womack, W. S. McKenzie, of Taylor, Porter, Brooks, Fuller & Phillips, Baton Rouge, for J. R. McFarland, d/b/a United Masonry Company, Livingston Roofing & Sheet Metal Company, Inc., and Capitol Detective Agency, Inc., defendants-in rule-appellees.

M. Truman Woodward, Jr., New Orleans, Victor A. Sachse, Frank P. Simoneaux, of Breazeale, Sachse & Wilson, Robert C.

Taylor, of Dale, Owen, Richardson, Taylor & Mathews, Baton Rouge, for Pringle-Associated Mortgage Corporation and Ross E. Cox, plaintiffs-appellees.

McCALEB, Justice.

The primary issue presented in these consolidated writs of review is whether a subcontractor who pays his own employees for labor performed on a building project as their wages become due is legally subrogated under Article 2161(1) and (3) of the Civil Code to the superior privilege granted such laborers by R.S. 9:4801(D) and R.S. 9:4812.

The record reveals the following undisputed facts: Prior to July 1965 Ernest R. Eanes, Jr., the original...

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