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J.B. TALLEY & CO., v. VILARET CONST.

No. 98-395.

722 So.2d 9 (1998)

J.B. TALLEY & CO., INC., Plaintiff-Appellee, v. VILARET CONSTRUCTION SERVICES INC. and International Fidelity Insurance Company, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied January 7, 1999.

Attorney(s) appearing for the Case

Paul Joseph McMahon, III, Esq., Lafayette, for J.B. Talley and Co., Inc.

Lindsey James Leavoy, Esq., Baton Rouge, for Vilaret Const. Services, Inc., et al.

Herman C. Hoffmann, Jr., Esq., New Orleans, for Intern. Fidelity Ins. Co.

Robert W. Fenet, Baton rouge, for The Fidelity & Deposit Co. of Maryland.

Before DOUCET, C.J., and GREMILLION and PICKETT, JJ.

DOUCET, Chief Judge.

This appeal arises out of the dismissal of a subcontractor by the general contractor on a state highway construction project.

In late 1994 or early 1995, Vilaret Construction Services, Inc. (Vilaret) was awarded a state highway construction contract on State Project No. 390-02-0008-FAP, Project No. 3RS-256-2(004) Junction La. 1097— Junction La. 98 Bridge. Vilaret subcontracted with J.B. Talley and Co., Inc. (Talley) for performance...

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