TURNKEY CONSTR., INC. v. DEWEY, CHEATUM & HOWE, INC.

No. 4996.

315 So.2d 409 (1975)

TURNKEY CONSTRUCTORS, INC., Plaintiff-Appellee, v. DEWEY, CHEATUM AND HOWE, INC., et al., Defendants-Appellants.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied July 24, 1975.

Writ Granted September 25, 1975.


Attorney(s) appearing for the Case

James L. Fortson, Jr., and Hal V. Lyons, Shreveport, Calvin T. Guidry, Kenneth P. Mayers, Lafayette, Pugh, Boudreaux & Gachassin by Nicholas Gachassin, Jr., Lafayette, Davidson, Meaux, Onebane & Donohoe by John G. Torian, II, Lafayette, for defendants-appellants.

Richard R. Kennedy, Lafayette, for plaintiff-appellee.

Before FRUGE, HOOD and WATSON, JJ.


FRUGE, Judge.

Defendants appeal from a judgment granting a Motion for Summary Judgment in favor of the plaintiff. We reverse and remand on finding a material issue of fact which requires trial on the merits.

On June 13, 1973, Turnkey Constructors, Inc., the plaintiff herein, filed suit seeking enforcement of a labor and materialman's lien in the amount of $15,661.37, plus 10% attorney's fees. The defendants are the property owner, Dewey, Cheatum and Howe,...

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