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SUN BELT CONSTRUCTORS v. T & R DRAGLINE SERV., INC.

Nos. 88-CA-28, 88-CA-27 and 88-CA-26.

527 So.2d 350 (1988)

SUN BELT CONSTRUCTORS, a DIVISION of MCC CONSTRUCTORS, INC. v. T & R DRAGLINE SERVICE, INC., First Financial Bank, FSB, et al.

Court of Appeal of Louisiana, Fifth Circuit.

May 16, 1988.

Attorney(s) appearing for the Case

Gerard G. Metzger, Little & Metzger, Metairie, Cornelius E. Regan, Grant & Barrow, Gretna, Edmond R. Eberle, New Orleans, for appellant.

Alvin A. LeBlanc, Jr., DeMartini, LeBlanc, D'Aquila & Volk, Kenner, for appellee.

Before KLIEBERT, BOWES and GRISBAUM, JJ.

GRISBAUM, Judge.

This appeal relates to a summary judgment which was granted in connection with a concursus proceeding. We reverse, annul, and remand.

ISSUE

Given the pleadings and supporting documents, was there a genuine issue of material fact and was the mover entitled to judgment as a matter of law under La.R.S. 9:3102(C)?

FACTS

On July 13, 1983, Sun Belt Constructors, Inc., a division of MCC Constructors, Inc. (Sun Belt), entered...

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