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AMERICAN FIDELITY FIRE INS. CO. v. BINNINGS CONST. CO., INC.

No. 6350.

302 So.2d 320 (1974)

AMERICAN FIDELITY FIRE INSURANCE COMPANY v. BINNINGS CONSTRUCTION COMPANY, INC. and Harol, Inc.

Court of Appeal of Louisiana, Fourth Circuit.

October 9, 1974.

Attorney(s) appearing for the Case

Bernard J. Capella, New Orleans, for plaintiff-appellant.

Bryan & Caraway, John F. Caraway and Harry V. Singreen, New Orleans, for defendants-appellees.

Before STOULIG, BOUTALL and SCHOTT, JJ.

SCHOTT, Judge.

Plaintiff, American Fidelity Fire Insurance Company (American) appeals from a judgment in favor of defendant, Binnings Construction Company, Inc. (Binnings), maintaining its exception of no right or cause of action and dismissing American's petition for nullity of a judgment obtained by Binnings against American on May 21, 1973.

The petition for nullity filed on June 27, 1973, against Binnings and Harol, Inc. (Harol), alleged that Binnings and...

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