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STRAHAN v. LANDIS CONST. CO., INC.

No. CA-5011.

499 So.2d 417 (1986)

Dorman STRAHAN, d/b/a Strahan Painting Company v. LANDIS CONSTRUCTION COMPANY, INC. and United States Fidelity and Guaranty Company.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Granted January 23, 1987.

Attorney(s) appearing for the Case

William E. Wright, Jr., James P. Magee, Baldwin & Haspel, New Orleans, for plaintiffs-appellee.

Gerald J. Gallinghouse, Porteous, Hainkel, Johnson & Sarpy, New Orleans, for defendants-appellants.

William W. Messersmith, III, Terrence L. Brennan, Deutsch, Kerrigan & Stiles, Donald A. Meyer, Shushan, Meyer, Jackson, McPherson & Herzog, William S. Marshall, Jr., Kinney and Marshall, H. Bruce Shreves, Simon, Peragine, Smith, & Redfearn, New Orleans, for amicus.

Before SCHOTT, GARRISON, BARRY, WILLIAMS and ARMSTRONG, JJ.

SCHOTT, Judge.

Defendant, Landis Construction Company, Inc., entered into a building contract with the Louisiana World Exposition (LWE) and subcontracted with plaintiff, Dorman Strahan d/b/a Strahan Painting Company, to perform a portion of the work. Plaintiff performed the work it undertook and brought this suit for the balance of the subcontract price. Defendant, relying on provisions in the subcontract which provided for payments to be made when payments were made...

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