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BOUCHER & SLACK CONTRACTORS, INC. v. McLEAN

No. 14490.

397 So.2d 45 (1981)

BOUCHER & SLACK CONTRACTORS, INC. and Bronner Investment Company, Inc., a Joint Venture, Plaintiffs-Appellants, v. Harvey McLEAN, Jr., Liquidator of Woodlands of Huntington, Inc., Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied May 1, 1981.

Writs Denied June 12, 1981.

Attorney(s) appearing for the Case

Wiener, Weiss, Madison & Howell by James Fleet Howell, Shreveport, for plaintiffs-appellants.

Peatross & Greer by Charles B. Peatross, Nelson & Achee, Ltd. by Harry R. Nelson, Shreveport, for defendants-appellants.

Before PRICE, MARVIN and JASPER E. JONES, JJ.

En Banc. Rehearing Denied May 1, 1981.

MARVIN, Judge.

In Boucher & Slack Contractors, Inc. v. McLean, 382 So.2d 1030 (La.App.2d Cir. 1980), writ recalled, 391 So.2d 840 (La.1980), we upheld the right of the defendant, owner of an apartment complex, to exercise against the plaintiff, contractor for the complex, a letter of credit executed by the contractor in lieu of a performance...

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