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JOHN BAILEY CONTRACTOR, INC. v. STATE

No. 82-369.

425 So.2d 326 (1982)

JOHN BAILEY CONTRACTOR, INC., Plaintiff-Appellee, v. STATE of Louisiana, Through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, Defendant-Third Party Defendant-Third Party Plaintiff-Appellant, and F. Miller & Sons, Inc., and Fidelity and Deposit Company of Maryland, Defendants-Third Party Defendants-Third Party Plaintiffs-Appellees.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied February 4, 1983.

Writ Granted April 5, 1983.

Attorney(s) appearing for the Case

James B. Frederick, Jr., Baton Rouge, for defendant-appellant.

Stockwell, Sievert, Viccellio, Clements & Shaddock, Emmett C. Sole, Lake Charles, for plaintiff-appellee.

James A. Smith of Smith & Wise, Lake Charles, for defendants-appellees.

Before DOMENGEAUX, FORET and LABORDE, JJ.

DOMENGEAUX, Judge.

Defendant, the Department of Transportation and Development (State) appeals from a judgment awarding plaintiff, John Bailey Construction, Inc. (Bailey), $30,000.00, on the basis of equitable estoppel, for work performed by Bailey as sub-contractor of defendant, F. Miller & Sons, Inc. (Miller),1 the prime contractor for construction of a road project for the State;

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