CITY OF BATON ROUGE v. CANNON

No. 12797.

376 So.2d 994 (1979)

The CITY OF BATON ROUGE and the Parish of East Baton Rouge v. Hon. H. M. "Mike" CANNON, Jr., Clerk of Court, Charles Carter and Company, Inc., Insurance Company of North America, et al.

Court of Appeal of Louisiana, First Circuit.

October 8, 1979.


Attorney(s) appearing for the Case

Samuel A. Bacot, Asst. Parish Atty., Baton Rouge, of counsel, for plaintiffs-appellees, City of Baton Rouge et al.

Richard Mary, Baton Rouge, of counsel, for defendant-appellee, Louis Mechanical Contractors, Inc.

Arthur J. Boudreaux, III, Baton Rouge, of counsel, for defendant-appellant, Charles Carter & Co., Inc.

Dan E. West, Baton Rouge, of counsel, for defendant-appellant, Ins. Co. of North America.

Before LANDRY, EDWARDS and LEAR, JJ.


EDWARDS, Judge.

This case involves an appeal by the Charles Carter and Company, Inc. and the Insurance Company of North America from a partial summary judgment in favor of Louis Mechanical Contractors, Inc. Two questions are raised: 1) May a partial summary judgment be granted in a concursus proceeding under C.C.P. 4651 et seq.? 2) Presuming the possibility of a partial summary judgment, was there a genuine issue of material fact such as would preclude the granting...

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