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POPICH v. FIDELITY AND DEPOSIT CO. OF MARYLAND

No. 50504.

245 So.2d 394 (1971)

258 La. 163

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

Supreme Court of Louisiana.

Rehearing Denied March 29, 1971.

Attorney(s) appearing for the Case

Morphy & Freeman, A. D. Freeman, Jr., New Orleans, for plaintiff-appellant and defendant-appellant.

Cox, Bagot & Huppenbauer, Henry L. Klein, Michael H. Bagot, New Orleans, for defendant-appellee and plaintiff-appellee.

DIXON, Justice.

A writ was granted in this matter, limited to the issue of attorney's fees. Two cases were consolidated for trial, and were heard together on appeal. (231 So.2d 604, La.App. 4th Cir., 1970).

Popich, Fox and Fidelity and Deposit Company entered into a contract for the construction of a home for Popich. Fidelity and Deposit Company was the surety on the performance bond for Fox, the builder.

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