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CITY OF PLAQUEMINE v. NORTH AMERICAN CONSTRUCTORS, INC.

Nos. 95 CW 2467, 95 CW 2495.

683 So.2d 386 (1996)

CITY OF PLAQUEMINE v. NORTH AMERICAN CONSTRUCTORS, INC., et al.

Court of Appeal of Louisiana, First Circuit.

November 14, 1996.

Attorney(s) appearing for the Case

L. Phillip Canova, Jr., Plaquemine, Mike Fontham, Laurie Halpern, New Orleans, for Plaintiff—City of Plaquemine.

Eric A. Kracht, Randall C. Gregory, Baton Rouge, for Defendant—North American Constructors, Inc.

Judith R. Atkinson, Thomas E. Balhoff, Baton Rouge, for Third Party Defendants— Relators—Aetna Casualty and Surety Co. and Standard Fire Insurance Co.

Robert J. Daigre, Michael V. Clegg, Mary A. Cazes, Baton Rouge, for Third Party Defendant —Relator—Audubon Indemnity Co.

Joseph A. Schittone, Jr., Baton Rouge, for Bernard and Thomas Engineers.

Terry Freiberger, New Orleans, for Insurance Company of North America.

Before WHIPPLE, PITCHER and FITZSIMMONS, JJ.

FITZSIMMONS, Judge.

This matter came before us in writ applications by Audubon Indemnity Company, Standard Fire Insurance Company, and Aetna Casualty and Surety Company on the issue of whether the trial court's grant of a partial motion for summary judgment is viable as an appeal. We denied the writ applications, and, thereafter, rendered a decision on the merits of the matter as an appeal. The Louisiana Supreme Court has subsequently granted writs to the relators...

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