T & R DRAGLINE SERVICE, INC. v. GALAN

No. 85-CA-550.

485 So.2d 947 (1986)

T & R DRAGLINE SERVICE, INC. v. Raoul A. GALAN, Jr., Clerk of Court In and For the Parish of Jefferson, and Kass Brothers, Inc.

Court of Appeal of Louisiana, Fifth Circuit.

March 10, 1986.


Attorney(s) appearing for the Case

Robert H. Fray, Gretna, for Kass Bros., Inc., defendant-appellant.

W.J. LeBlanc, Jr., Gretna, for T & R Dragline Service, Inc., plaintiff-appellee.

Before CHEHARDY, GRISBAUM and WICKER, JJ.


CHEHARDY, Judge.

This appeal involves a mandamus proceeding by a subcontractor on a public contract to cancel a materialman's lien. The district court ordered the lien cancelled, concluding that some of the items had been paid, that some were not eligible for a lien under the Public Works Act (LSA-R.S. 38:2181 et seq.) and that one item was still owed but was not yet subject to a lien. The claimant, Kass Brothers, Inc., has appealed.

The suit concerns renovations...

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