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CITY OF BATON ROUGE v. CANNON

No. 13362.

393 So.2d 755 (1980)

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.

November 10, 1980.

Attorney(s) appearing for the Case

Arthur J. Boudreaux, III, Baton Rouge, for defendant-appellant, Charles Carter and Company, Inc.

Curtis K. Stafford, Jr., Baton Rouge, for defendant-appellee, International Stone and Erectors, Inc.

Charles W. Franklin, Baton Rouge, for defendant-appellant, Pierce-King, a Joint Venture, Fire Fund Ins. Co. and American Ins. Co.

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

Walter Monsour, Jr., and Jos. Keogh, Baton Rouge, for plaintiff-appellant, City of Baton Rouge, Parish of East Baton Rouge.

Charles S. McGowan, Jr., Baton Rouge, for defendant-appellee, Southern Steel Co.

Jimmie R. Major and Clifton O. Bingham, Jr., Baton Rouge, for defendant-appellee Viccinelli Sheet Metal & Roofing Co., Inc.

Before EDWARDS, LEAR and WATKINS, JJ.

WATKINS, Judge.

This appeal grows out of a concursus proceeding provoked by the City of Baton Rouge and the Parish of East Baton Rouge (City-Parish) to have judicially determined the rights of third parties in and to the sum of $1,094,342.14, which amount was deposited with the Clerk of Court for the Parish of East Baton Rouge, who is made one of the defendants herein.

Charles Carter and Company, Inc. contracted with the City-Parish in May 1973 to construct...

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