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TOWN OF WINNSBORO v. BARNARD & BURK, INC.

No. 12147.

294 So.2d 867 (1974)

TOWN OF WINNSBORO, Plaintiff-Appellee, v. BARNARD & BURK, INC., et al., Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied March 19, 1974.

Writs Refused May 17, 1974.

Attorney(s) appearing for the Case

Dale, Owen, Richardson, Taylor & Mathews by George Mathews, Baton Rouge, for Barnard & Burk, Inc.

Sanders, Miller, Downing & Kean by Robert A. Hawthorne, Jr., and Gordon Kean, Jr., Baton Rouge, for J. H. Jenkins Contractor, Inc. and The Travelers Indemnity Co.

Duplantier & DeMartini by Edward J. DeMartini, New Orleans, for Delta Testing & Inspection, Inc.

Wray & Robinson by W. P. Wray, Jr., Baton Rouge, for amicus curiae, The Associated General Contractors of America, Louisiana Highway, Heavy, Municipal and Utilities Branch.

Chaffe, McCall, Phillips, Toler & Sarpy by Jarrell E. Godfrey, Jr., and Peter A. Feringa, Jr., New Orleans, and E. Rudolph McIntyre, Winnsboro, for plaintiff-appellee.

Before BOLIN, HALL and WILLIAMS, JJ.

En Banc. Rehearing Denied March 19, 1974.

HALL, Judge.

This is an action by the Town of Winnsboro to recover damages arising out of alleged defects in a street system constructed in the Town in 1965 and 1966. Named defendants are (1) J. H. Jenkins Contractor, Inc., the general contractor; (2) The Travelers Indemnity Company, Jenkins' bonding company; (3) Barnard & Burk, Inc., an engineering firm; and (4) Delta Testing & Inspection, Inc., a testing...

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