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C. H. LEAVELL & CO. v. BOARD OF COM'RS OF PORT OF NEW ORLEANS

Civ. A. No. 69-725.

309 F.Supp. 626 (1970)

C. H. LEAVELL & COMPANY, Plaintiff, v. BOARD OF COMMISSIONERS OF the PORT OF NEW ORLEANS and Department of Highways, State of Louisiana, Defendants.

United States District Court, E. D. Louisiana, New Orleans Division.

February 11, 1970.

Attorney(s) appearing for the Case

Gibbons Burke, New Orleans, La., for plaintiff.

Sumter D. Marks, Jr., New Orleans, La., for defendants.

OPINION ON MOTION TO DISMISS ACTION AS PREMATURE

RUBIN, District Judge:

C. H. Leavell's contract with the Board of Commissioners (Dock Board) and the Louisiana Highway Department was to construct an exposition building ("The Rivergate") for $12,705,807. Leavell has sued for the amounts allegedly due it in excess of the original contract price, totalling $5,100,000, plus interest, attorneys' fees, and court costs. The Board contends the suit should be dismissed...

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