JOHNSON BROS. CORP. v. STATE, THROUGH DOTD

No. 89-CA-511.

556 So.2d 154 (1990)

JOHNSON BROS. CORPORATION d/b/a Johnson Bros. Corporation of Louisiana v. The STATE of Louisiana, Through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied February 16, 1990.

Writ Denied April 20, 1990.


Attorney(s) appearing for the Case

Alan D. Ezkovich, Sessions, Fishman, Boisfontaine, Nathan, Winn, Butler & Barkley, New Orleans, for Johnson Bros. Corp. d/b/a Johnson Bros. Corp. of Louisiana plaintiff-appellee.

Jesse S. Guillot, New Orleans, for State of Louisiana, Dept. of Transp. and Development defendant-appellant.

Before KLIEBERT, GRISBAUM and DUFRESNE, JJ.


KLIEBERT, Judge.

Johnson Bros. Corporation, d/b/a Johnson Bros. Corporation of Louisiana, plaintiff-appellee, brought suit against the State of Louisiana, through the Department of Transportation and Development, for payment (at the contract price of $15.00 per yard) of 6,418.2 (7,231.4 cubic yards utilized minus 813.2 admittedly due) cubic yards of backfill material utilized in laying drainage conduits and culverts under a construction contract entered into by the...

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