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FARBOIL CO. v. M & M INDUS. MAINTENANCE

No. 91-CA-0005.

593 So.2d 806 (1992)

FARBOIL COMPANY, a DIVISION OF BEATRICE FOODS CO. v. M & M INDUSTRIAL MAINTENANCE, INC. and J & N Industrial Painting Company, Inc., et al.

Court of Appeal of Louisiana, Fourth Circuit.

January 16, 1992.

Attorney(s) appearing for the Case

Richard Mary, Baton Rouge, for defendant/appellant.

Norman L. Sisson, Sharon F. Lyles, James J. Adams, John C. McCarthy, Lafayette, for State of La., Dept. of Transp. and Development, appellee.

Before BYRNES, CIACCIO and ARMSTRONG, JJ.

ARMSTRONG, Judge.

Third-party plaintiff, M & M Industrial Maintenance, Inc. (M & M), appeals a trial court judgment granting an exception of no right of action in favor of third-party defendant, the State of Louisiana, through the Department of Transportation and Development (the DOTD). We now reverse.

This action was originally commenced via suit filed by Farboil Company against J & N Industrial Painting Co., Inc., their bonding company, American...

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