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B B S CONTRACTORS-LA. v. BENTON CONCRETE CO.

No. 19962-CA.

533 So.2d 164 (1988)

B B S CONTRACTORS-LA., Particular Ordinary Partnership, Plaintiff-Appellant, v. BENTON CONCRETE COMPANY, INC., et al., Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied November 23, 1988.

Attorney(s) appearing for the Case

John F. McWilliams, Jr., Shreveport, for plaintiff-appellant.

Kitchens, Benton, Kitchens, Bolin & Warren by John Benton, Minden, for Benton Concrete Co., Inc.

Lunn, Irion, Johnson, Salley & Carlisle by Brian L. Coody, Shreveport, for Aetna Cas. & Sur. Co.

Before HALL, JASPER E. JONES and NORRIS, JJ.

JASPER E. JONES, Judge.

This is an action for damages. The plaintiff is B B S Contractors-Louisiana, a partnership. The defendants are Benton Concrete Co., Inc., and its insurer, Aetna Casualty and Surety Company. B B S and Benton both appeal a judgment granting Aetna's motion for summary judgment and dismissing plaintiff's demands against it. We reverse and remand.

The petition alleges plaintiff's damages occurred "... as a result of failure of concrete beams...

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