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FIDELITY & DEP. CO. OF MD. v. CLOY CONST. CO.

Nos. 83 CA 1428, 83 CA 1429.

463 So.2d 1365 (1984)

FIDELITY & DEPOSIT COMPANY OF MARYLAND v. CLOY CONSTRUCTION COMPANY, INC., et al. COLEMAN OLDSMOBILE, INC. v. CLOY CONSTRUCTION COMPANY, INC., et al.

Court of Appeal of Louisiana, First Circuit.

Writ Denied March 8, 1985.

Attorney(s) appearing for the Case

David S. Bell, Baton Rouge, for plaintiff-appellee Fidelity & Deposit Co. of Md.

Martin C. Schroeder, Jr., Baton Rouge, for defendant-appellant Cloy Const. Co., Inc., et al.

Robert L. Kleinpeter, Baton Rouge, for plaintiff-appellee Coleman Oldsmobile, Inc.

Before COLE, CARTER and LANIER, JJ.

CARTER, Judge.

The sole issue on this appeal is when did compensation take place between the parties.

These consolidated suits 1 resulted from two contracts between Cloy Construction Company, Inc. (Cloy), contractor, Coleman Oldsmobile, Inc. (Coleman), owner, and Fidelity & Deposit Company of Maryland (Fidelity & Deposit), surety for Cloy. The first contract was for the construction of the present Coleman facility, and...

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