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HERLITZ CONST. CO., INC. v. MATHERNE

No. 84-612.

476 So.2d 1037 (1985)

HERLITZ CONSTRUCTION CO., INC. (Hotel Investors of New Iberia—Assignee & Appellant), Plaintiff-Appellant, v. Gregory MATHERNE, et al., Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

October 10, 1985.

Attorney(s) appearing for the Case

Marvin L. Jeffers, Baton Rouge, for plaintiff-appellant.

Deutsch, Kerrigan & Stiles, Frederick R. Bott, New Orleans, Breazeale, Sachse & Wilson, Henry D. Salassi, Baton Rouge, Roy, Forrest & Lopresto, Matthew J. Hill, New Iberia, for defendant-appellee.

Before STOKER, DOUCET and KNOLL, JJ.

KNOLL, Judge.

Herlitz Construction Co., Inc. (hereafter Herlitz), the assignee of Hotel Investors of New Iberia, Inc. (hereafter Hotel Investors), appeals the dismissal of its claim for damages against Gregory P. Matherne, AIA Architect, Inc. and Gregory P. Matherne (hereafter collectively referred to as Matherne), and Matherne's errors and omissions insurer, Insurance Company of North America. The trial court ruled that Hotel Investors, Herlitz's assignor, was contributorily...

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