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GRADY v. ALFONSO

No. 6908.

315 So.2d 832 (1975)

Edward R. GRADY v. Nofie D. ALFONSO, Jr., d/b/a Kevin Construction Co., and the Employers' Liability Assurance Corp., Ltd.

Court of Appeal of Louisiana, Fourth Circuit.

July 8, 1975.

Attorney(s) appearing for the Case

Mmahat, Gagliano, Duffy & Giordano, Lucas J. Giordano, Metairie, for plaintiff-appellee.

Huddleston, Davis, Saunders & Miller, Albert J. Huddleston, New Orleans, for defendant-appellee, Nofie D. Alfonso, Jr.

Hammett, Leake, Hammett, Hayne & Hulse, Robert E. Leake, Jr., New Orleans, for defendant-appellant Employers' Liability Assurance Corp., Ltd.

Before SAMUEL, BOUTALL and SCHOTT, JJ.

SCHOTT, Judge.

These proceedings were initiated by plaintiff, Edward R. Grady, to recover damages for breach of a building contract between plaintiff and defendants, Nofie D. Alfonso, Jr., and Milton Helmake, both doing business as Kevin Construction Co., and defendant, Employers Liability Assurance Corp., Ltd. (ELAC) as the surety on the contractor's bond. Helmke was never cited and served so that he was not made a party to the proceedings. Plaintiff sought recovery...

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