VALLIANT v. STATE, DEPT. OF TRANSP. & DEV.

Nos. 83-C-0020, 83-C-0021.

437 So.2d 845 (1983)

Wayne M. VALLIANT v. STATE of Louisiana, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, et al. WESTBANK ELECTRIC, INC. v. STATE of Louisiana, DEPARTMENT OF TRANSPORTATION, et al.

Supreme Court of Louisiana.

Rehearing Denied October 7, 1983.


Attorney(s) appearing for the Case

Roger I. Dallam, Greenberg & Dallam, Gretna, James Frederick, Jr., Baton Rouge, for applicant.

Philip E. James, Jr., Andrew I. Brown, Henican, James & Cleveland, New Orleans, for respondents.


LEMMON, Justice.

The issue presented in this case is whether the lessor of movable property, which is used in performance of a public works contract, may recover the lease payments from the contractor's surety under the terms of the surety contract, although the lessor's claim against the governing authority is excluded from the protection of the statutes relating to Claims of Materialmen and Laborers on Public Works (La.R.S. 38:2241 et seq.). We hold that a public...

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