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LAMBERT BROS., INC. v. ZIEGLER

No. 9296.

361 So.2d 948 (1978)

LAMBERT BROTHERS, INC. v. Charles W. ZIEGLER, III, et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied September 12, 1978.

Writ Refused October 26, 1978.

Attorney(s) appearing for the Case

Casey, Babin & Casey, Henry G. Walker, Jr., New Orleans, for plaintiff-appellant.

Sutterfield & Vickery, James R. Sutterfield, New Orleans, for defendant-appellee Ziegler Partnership.

William J. Luscy, III, Melairie, for defendant-appellee Walter Bourgeois.

Emile L. Turner, Jr., New Orleans, for defendants-appellees Oxford Enterprises, Inc. and Lewis Clements.

Before REDMANN, LEMMON and BOUTALL, JJ.

REDMANN, Judge.

Lambert Brothers, Inc., a furnisher of electrical materials for a building, appeals from the dismissal of general contractor Oxford Enterprises, Inc., surety Lewis Clements and owner Ziegler Limited Partnership (Charles W. Ziegler, III, Partner) from its suit for the price, with recognition of privilege, for the materials it furnished to subcontractor Walter Bourgeois.

The principal questions are, first, whether failure to serve the claim upon...

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