COLE'S CONST. CO., INC. v. KNOTTS

No. 92-631.

619 So.2d 876 (1993)

COLE'S CONSTRUCTION CO., INC. and Jerry Cole, Jr., Plaintiffs-Appellees, v. Irby KNOTTS, Clerk of Court for the Parish of Natchitoches and Sidney Spight, Defendants-Appellants.

Court of Appeal of Louisiana, Third Circuit.

June 2, 1993.


Attorney(s) appearing for the Case

Leo Charles Hamilton, Baton Rouge, for Cole's Const. Co., Inc., etc.

A. Morgan Brian Jr., New Orleans, for Sidney Spight.

Before STOKER, DECUIR and CULPEPPER, JJ.


STOKER, Judge.

This appeal arises out of a mandamus proceeding for the cancellation of a "lien affidavit" or statement of claim filed under LSA-R.S. 38:2241 et seq. of the Public Works Act. The prime contractor on the public works project sought cancellation of the statement of claim on the ground that the alleged "claimant" failed to qualify as a "claimant" because it did not exist and that in any event there was no written contract for the lease of equipment as...

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