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HAUSERMAN, INC. v. ROUSSEL-HART GEN. CONTRACTORS

No. 13324.

385 So.2d 455 (1980)

HAUSERMAN, INC. v. ROUSSEL-HART GENERAL CONTRACTORS, etc., et al.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied July 7, 1980.

Attorney(s) appearing for the Case

Frank P. Simoneaux, Baton Rouge, for plaintiff-appellant, Hauserman, Inc.

George K. Anding, Jr., Baton Rouge, for defendants-appellees, Roussel-Hart General Contractors (A Partnership) and Fidelity and Deposit Co. of Maryland.

John H. Fetzer, III, Baton Rouge, for defendant-appellee, Fidelity and Deposit Co. of Maryland.

Before COVINGTON, LOTTINGER and COLE, JJ.

COVINGTON, Judge.

The primary question presented by this case is whether the one-year prescription of LSA-R.S. 38:22471 applies to a subcontractor's suit against a surety on a public work contractor's bond where the subcontractor did not complete the work under the subcontract until more than one year after the work had been accepted by the owner.

The pertinent facts are not in dispute...

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