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DONAHUE v. BOARD OF LEVEE COM'RS, ETC.

No. 11943.

407 So.2d 421 (1981)

Oliver J. DONAHUE, d/b/a O. J. Donahue Construction Company v. BOARD OF LEVEE COMMISSIONERS OF the ORLEANS LEVEE DISTRICT and the State Licensing Board for Contractors.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearings Denied September 17, 1981.

Writs Granted December 4, 1981.

Attorney(s) appearing for the Case

Simon, Peragine, Smith & Redfearn, H. Bruce Shreves and Lloyd N. Shields, New Orleans, for plaintiff-appellee.

McGinity & McGinity, Richard J. McGinity, New Orleans, for defendant-appellant.

Hall, Lentini, Mouledoux & Wimberly, Arthur J. Lentini, and Stephen T. Wimberly, Metairie, for intervenor-appellant.

Thomas K. Kirkpatrick, Baton Rouge, for appellant State Licensing Board for Contractors.

Before SAMUEL, GARRISON and BAILES, JJ.

GARRISON, Judge.

This appeal was reinstated by a panel consisting of Judges Redmann, Garrison and Barry, upon an application for rehearing when it was discovered that the court's prior opinion1 on a motion to dismiss failed to address the disposition of the claim of intervenor-appellant, Stephen J. Lambert.

On May 21, 1980, the Levee Board passed a resolution stating: "BE IT HEREBY RESOLVED, That the Board accept the lowest...

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