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WHC, INC. v. TRI-STATE ROAD BORING, INC.

No. 84 CA 0131.

468 So.2d 764 (1985)

WHC, INC. v. TRI-STATE ROAD BORING, INC., et al.

Court of Appeal of Louisiana, First Circuit.

April 16, 1985.

Attorney(s) appearing for the Case

William W. Stagg and Mark C. Andrus, Lafayette, for plaintiff-appellee WHC, Inc.

Robert H. Wood, New Orleans, for third party defendant-appellee Exxon Pipeline Co. and Exxon Corp.

S. Alfred Adams, Baton Rouge, for defendant-appellant Tri-State Road Boring, Inc.

Before EDWARDS, SHORTESS and SAVOIE, JJ.

SHORTESS, Judge.

Tri-State Road Boring, Inc. (Tri-State) filed a third party action against Exxon Corporation, U.S.A., and Exxon Pipeline Company (Exxon) and a reconventional demand against WHC, Inc. (WHC) in WHC's main demand against Tri-State and its surety, American Manufacturers Mutual Insurance Company (American), for damages for breach of contract. The trial court sustained Exxon's exception of no cause of action and ordered Tri-State to amend its complaint...

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