LANDRY, Judge.
The principal and res nova question involved in this appeal is whether the surety on a defaulting contractor's performance bond has a cause of action in tort against the engineer who designed and supervised construction of a subdivision for a third party owner in whose favor the performance bond was given. We find that such a cause of action does exist, but that the claim asserted herein must be denied for reasons hereinafter set forth. Incidental to...
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