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SAHUQUE RLTY. CO. v. EMPLOYERS COM'L U. INS. CO. OF AM.

No. 7227.

327 So.2d 563 (1976)

SAHUQUE REALTY COMPANY v. EMPLOYERS COMMERCIAL UNION INSURANCE COMPANY OF AMERICA et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearings Denied March 16, 1976.

Writs Refused April 30, 1976.

Attorney(s) appearing for the Case

Badeaux, Discon & Cumberland, John G. Discon and J. Michael Cumberland, New Orleans, for plaintiff-appellant.

Hammett, Leake & Hammett, Craig R. Nelson, New Orleans, for defendantsthird-party plaintiffs-appellants.

Philip S. Brooks, City Atty., Gerald Stewart, Philip D. Lorio, III, Asst. City Attys., for third-party defendant-appellee, City of New Orleans.

Before GULOTTA, SCHOTT and BEER, JJ.

SCHOTT, Judge.

Plaintiff brought this suit for damages to its building at Royal and St. Peter Streets in the City of New Orleans and loss of income which it alleged resulted from construction activities of New Orleans Public Service, Inc. (NOPSI) and Wallace C. Drennan, Inc. (Drennan). This is not a tort action but is based upon the liability of the proprietor flowing from LSA-C.C. Art. 667 and the recent jurisprudence concerned...

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