KEWAUNEE SCIENTIFIC CORP. v. RAGUSA & SON

No. 97 CA 1823.

723 So.2d 470 (1998)

KEWAUNEE SCIENTIFIC CORPORATION v. CHARLES RAGUSA & SON, INC. and Fidelity & Deposit Company of Maryland.

Court of Appeal of Louisiana, First Circuit.

September 25, 1998.


Attorney(s) appearing for the Case

James S. Holliday, Jr., Baton Rouge, Louisiana, David L. Tank, appearing pro hac vice, Atlanta, GA, Counsel for Plaintiff/Appellant, Kewaunee Scientific Corporation.

J. Michael Johnson, W. Scarth Clark, New Orleans, Counsel for Defendant/Appellee, Charles Ragusa & Son, Inc.

BEFORE: GONZALES, KUHN and WEIMER, JJ.


GONZALES, J.

In this action, the trial court dismissed a subcontractor's suit against a contractor and the contractor's surety pursuant to an exception of no cause of action. The trial court determined that, in order to pursue payment for work it performed, the subcontractor was required to file a concursus proceeding pursuant to La. R.S. 38:2243 of the Louisiana Public Works Act, La. R.S. 38:2241 et seq., rather than proceeding by a direct action against the contractor...

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