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POPICH v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND

Nos. 3757, 3758.

231 So.2d 604 (1970)

Joseph A. POPICH v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND. H. Bennett FOX v. Joseph A. POPICH.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied March 9, 1970.

Attorney(s) appearing for the Case

Morphy & Freeman, A. D. Freeman, Jr., New Orleans, for Joseph A. popich.

Cox, Bagot & Huppenbauer, Michael H. Bagot and Henry L. Klein, New Orleans, for Fidelity & Deposit Co. of Md.

Cox, Bagot & Huppenauer, Michael H. Batot and Henry L. Klein, New Orleans and Emile E. Martin, III, Belle Chasse, for H. Bennett Fox.

Before REGAN, REDMANN and BARNETTE, JJ.

BARNETTE, Judge.

This is an action arising out of a building contract. The contractor seeks recovery of the balance alleged due from the owner under the terms of the contract. The owner seeks by way of reconvention against the contractor and by separate suit against the contractor's surety, recovery of an amount alleged necessary to complete the building and to correct the deficiencies caused by improper workmanship.

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