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D & S BUILDERS v. MICKEY CONST.

Nos. 87-CA-756, 87-CA-795.

524 So.2d 245 (1988)

D & S BUILDERS, INC. v. MICKEY CONSTRUCTION CO., INC. et al.

Court of Appeal of Louisiana, Fifth Circuit.

April 18, 1988.

Attorney(s) appearing for the Case

A. Morgan Brian, Jr., New Orleans, for plaintiff-appellant D & S Builders, Inc.

Deborah Weisler Hayes, Friend, Wilson & Draper, New Orleans, for defendant-appellee Mickey Const. Co., Inc., Great American Bonding Co. and Andonie, Megison and Rousseau.

Before KLIEBERT, GRISBAUM and DUFRESNE, JJ.

KLIEBERT, Judge.

Plaintiff, D & S Builders, Inc., a subcontractor on the construction of Lakeside Medical Center, filed suit under the Private Works Act (LSA-R.S. 9:4801 et seq.) to enforce claims against the owner, the prime contractor, and the prime contractor's surety. The suit was dismissed with prejudice on grounds of abandonment under La.C.C.P. Article 561. Plaintiff's subsequent suit on the same cause of action was dismissed on an exception of res judicata...

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