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STATE, THROUGH DOTD. v. ACADIA PARISH

No. 93-753.

631 So.2d 611 (1994)

STATE of Louisiana, Through the DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, Plaintiff, v. ACADIA PARISH POLICE JURY, Defendant/Third Party Plaintiff/Appellant, Acadia-Vermilion Community Action Program and Broussard, Poche, Lewis and Breaux, Third Party Defendants, Fidelity and Deposit Insurance Company of Maryland, Third Party Defendant/Appellee.

Court of Appeal of Louisiana, Third Circuit.

February 2, 1994.

Attorney(s) appearing for the Case

Sharon Frazier Lyles, David Carlyle Voss, Baton Rouge, for State of Louisiana, Through Dept. of Transp. and Development.

Charles Michael Hill, Lafayette, for Acadia Parish Police Jury.

Maura Zivalich Pelleteri, Eugene R. Preaus, New Orleans, for Fidelity & Deposit Co. of Maryland.

John Franklin Craton, Crowley, for Acadia-Vermilion Community Action Program.

Henry Camille Perret Jr., Lafayette, for Poche Broussard Lewis & Breaux.

Before GUIDRY and YELVERTON, JJ., and BERTRAND, J. Pro Tem.

BERTRAND, Judge Pro Tem.

The State of Louisiana, through DOTD, sued the Acadia Parish Police Jury to recover $131,532.25, plus interest, this amount representing the value of services that were allegedly billed for but never performed by one of the Police Jury's subcontracting agencies, the Acadia-Vermilion Community Action Program (AVCAP). The Police Jury denied liability and filed third party demands against AVCAP, AVCAP's insurer, Fidelity Deposit and Insurance...

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