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RELIANCE INS. CO. v. DEPARTMENT OF TRANSP. AND DEVELOPMENT, OFFICE OF HIGHWAYS

No. 84 CA 0300.

471 So.2d 248 (1985)

RELIANCE INSURANCE COMPANY v. The DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, OFFICE OF HIGHWAYS of the State of Louisiana.

Court of Appeal of Louisiana, First Circuit.

May 29, 1985.

Attorney(s) appearing for the Case

Gordon A. Pugh, Michael D. Hunt, Bernard Balkin, Baton Rouge, for plaintiff-appellee Reliance Ins. Co.

John C. Miller, Baton Rouge, for third party defendant-appellee Pepper and Associates.

James B. Frederick, Baton Rouge, for defendant-appellant Dept. of Transp. and Development, Office of Highways, State of La.

Susan M. Theisen, David R. Robertson, Alexandria, for defendant-appellee Plaquemines Parish Commission Council.

Before GROVER L. COVINGTON, C.J., and LOTTINGER and JOHN S. COVINGTON, JJ.

JOHN S. COVINGTON, Judge.

Reliance Insurance Company (Reliance) alleges multiple causes of action against the Louisiana Department of Transportation and Development, Office of Highways (DOTD) in its petition styled "Petition for Breach of Contract, Retainage, Delay and Other Damages". Reliance alleged, as its sixth cause of action, DOTD's refusal to pay retained funds after the lien period had lapsed on the highway construction project which ViCon, Inc. contracted...

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