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AL SMITH'S PLUMBING ETC. v. RIVER CREST, INC.

No. 9493.

365 So.2d 1122 (1978)

AL SMITH'S PLUMBING & HEATING SERVICE, INC. v. RIVER CREST, INC., General Contractors.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied January 16, 1979.

Attorney(s) appearing for the Case

Lemle, Kelleher, Kohlmeyer & Matthews, William R. Forrester, Jr., New Orleans, for Al Smith's Plumbing & Heating Service, Inc., plaintiff-appellant.

Phelps, Dunbar, Marks, Claverie & Sims, Eileen Gleason Shaver, New Orleans, for Fidelity & Deposit Co. of Maryland, third party defendant-appellant.

John P. Nelson, Jr., Irving H. Koch, New Orleans, for River Crest, Inc., defendant-appellee.

Before LEMMON, STOULIG and SCHOTT, JJ.

STOULIG, Judge.

This appeal involves claims and counter claims between River Crest, Inc., a general contractor, and Al Smith's Plumbing & Heating Service, Inc. (Smith), his plumbing/roofing subcontractor, that arise from the alleged failure to perform the subcontracts.

As background, River Crest, Inc., agreed to construct an apartment complex for the Housing Authority of New Orleans (HANO), a federal agency...

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