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U.S. FIDELITY & GUAR. CO. v. SOUTHERN EXCAVATION, INC.

No. 17417-CA.

480 So.2d 920 (1985)

UNITED STATES FIDELITY & GUARANTY COMPANY, Plaintiff-Appellant, v. SOUTHERN EXCAVATION, INC. and Travelers Indemnity Company, Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

Writs Denied January 31, 1986.

Attorney(s) appearing for the Case

Theus, Grisham, Davis, Leigh & Brown by Edwin K. Theus, Jr., Monroe, for plaintiff-appellant, U.S. Fidelity and Guar. Co.

Levy & Shealy by Robert W. Levy, Ruston, for defendants-appellees, Southern Excavation, Inc. and George Thomas Kilpatrick & Mary Belle Hanson Kilpatrick.

Blanchard, Walker, O'Quin & Roberts by Joseph W. Milner, Shreveport, for defendant-appellee, Travelers Indem. Co.

Before MARVIN, SEXTON and NORRIS, JJ.

SEXTON, Judge.

This is a suit by a subcontractor's surety to recover the remaining balance due on a construction contract which the surety was required to complete when the subcontractor defaulted on the contract. Plaintiff appeals from the decision of the trial court allowing the defendants to set off the losses sustained by the subcontractor's default on three other unrelated unbonded contracts against plaintiff's claim for the full remaining balance on the defaulted...

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