SMOYER CONST. CO. v. HAMRICK SUPPLY CO.

No. CA-7097.

508 So.2d 958 (1987)

SMOYER CONSTRUCTION CO. v. HAMRICK SUPPLY CO.

Court of Appeal of Louisiana, Fourth Circuit.

June 3, 1987.


Attorney(s) appearing for the Case

Marc D. Sarnoff, New Orleans, for plaintiff/appellee.

Harry D. Hoskins, III, New Orleans, for defendant/appellant.

Before SCHOTT, KLEES and LOBRANO, JJ.


LOBRANO, Judge.

The sole issue in the case is whether the trial court erred in dismissing plaintiff's suit for a preliminary injunction upon plaintiff's ex parte motion, where defendant in his answer had asked for damages and attorney fees.

The underlying facts are as follows: Smoyer Construction Co., plaintiff and Hamrick Supply Co., defendant entered into a contract on August 28, 1986, under which Hamrick was to install and furnish "dry walling" at 3601...

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