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TANNER HEAVY EQUIP. CO. INC. v. MID-STATE SAND & GRAVEL CO., INC.

No. 92-54.

614 So.2d 142 (1993)

TANNER HEAVY EQUIPMENT CO., INC., Plaintiff-Appellee, v. MID-STATE SAND & GRAVEL CO., INC., Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

February 3, 1993.

Attorney(s) appearing for the Case

James Nichols, DeRidder, for plaintiff-appellee.

Kim Stansbury, Morgan City, for third party defendant-appellant—La. Erosion Control.

Thomas R. Elkins, Baton Rouge, for defendant-appellee— Mid-State.

Before GUIDRY, STOKER and COOKS, JJ.

STOKER, Judge.

This is an appeal from a judgment in a concursus proceeding invoked in a contract dispute. We reverse and vacate the judgment and remand for further proceedings.

FACTS

The litigation involved in this appeal grows out of disputes between a contractor, Mid-State Sand & Gravel Co., Inc. (Mid-State), and two of its subcontractors: Tanner Heavy Equipment Co., Inc. (Tanner) and Louisiana Erosion...

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