COMMERCIAL UNION INS. CO. v. JAMES C. CULOTTA, INC.

No. 7942.

345 So.2d 561 (1977)

COMMERCIAL UNION INSURANCE COMPANY v. JAMES J. CULOTTA, INC. and James J. Culotta.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied May 17, 1977.

Writ Refused July 1, 1977.


Attorney(s) appearing for the Case

Hammett, Leake, Hammett, Hulse & Nelson, Harry D. Hoskins, III, New Orleans, for plaintiff-appellant.

Zeringer & Zeringer, Harold J. Zeringer, Jr., New Orleans, for defendants-appellees.

Before SAMUEL, REDMANN and LEMMON, JJ.


LEMMON, Judge.

This is an appeal by a surety from the dismissal of its suit against its principal for indemnification of attorney's fees incurred as a result of a creditor's execution of the surety bond.

In March, 1972 the principal, a Louisiana general contractor, and the surety entered into a Contractors' Blanket Sales, Use and Income Tax Bond, which fulfilled the requirements of the State of Mississippi as to sales and use taxes in connection with two construction...

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