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BETTER HEAT. & AIR CON. CO., INC. v. UNITED BEN. F. INS. CO.

No. 9026.

269 So.2d 502 (1972)

BETTER HEATING & AIR CONDITIONING COMPANY, INC., Plaintiff-Appellant, v. UNITED BENEFIT FIRE INSURANCE COMPANY et al., Defendant-Appellee.

Court of Appeal of Louisiana, First Circuit.

November 13, 1972.

Attorney(s) appearing for the Case

James B. Frederick, Jr., Baton Rouge, for plaintiff-appellant.

Sanders Cazedessus, Sanders, Miller, Downing & Kean, Baton Rouge, for defendant-appellee Broussard.

Alton J. Reine, Jr., Watson, Blanche, Wilson, Posner, Baton Rouge, for defendant-appellee Maher & Sharkey.

Before LOTTINGER, ELLIS and PETERS, JJ.

PETERS, Judge ad hoc.

Plaintiff appeals from a judgment dismissing its suit against defendant, Donald J. Broussard, for failure to take any steps in its prosecution for a period of five years.

Plaintiff's petition was filed on December 13, 1965, against defendant, Donald J. Broussard, as owner; Maher & Sharkey, Inc., as contractors; Investment Construction, Inc., as subcontractors, and United Benefit Fire Insurance Company, as surety, to recover an amount...

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