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CLARK CONST. CO., INC. v. WARREN

No. 33,223-CA.

760 So.2d 677 (2000)

CLARK CONSTRUCTION COMPANY, INC., Plaintiff-Appellant, v. Curtis A. WARREN, Curbs, Inc., Murphy Bros. Trucking, Inc., Mohr & Associates, Inc., and Prime Services, Inc., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

May 15, 2000.

Attorney(s) appearing for the Case

Simon, Peragine, Smith & Redfearn by Herman C. Hoffman, Jr., H. Bruce Shreves, New Orleans, Counsel for Appellant, Clark Construction and Third Party Appellant, United States Fidelity & Casualty.

Curtis A. Warren, Clerk of Court, Appellee, pro se.

Burnett, Walker & Baker by James A. Burnett, Glenn E. Walker, Shreveport, Counsel for Appellee, Curbs, Inc.

Campbell, Campbell & Marvin by J. Schuyler Marvin, Minden, Counsel for Appellee, Murphy Bros. Trucking Inc.

Beard & Sutherland by Roy L. Beard, Shreveport, Counsel for Appellee, Mohr & Associates, Inc.

Franklin H. Spruiell, Jr., Lafayette, Counsel for Appellees, R.B. Everett & Co., Alto Concrete Floors, Inc., Con-Equip, Inc., Anderson Machinery Co., and Alvin Equipment Co.

Walter Douglas White, Shreveport, Counsel for Appellee, TXI Operations L.P.

Before STEWART, DREW and SAMS (Pro Tem), JJ.

STEWART, J.

This is an appeal by Clark Construction Company, Inc., ("Clark"), from a judgment denying its petition for a writ of mandamus seeking cancellation of liens filed by subcontractors in connection with the construction of a Wal-Mart Supercenter (the "Supercenter"). Because it appears that the trial court erred in denying the petition for the writ of mandamus without first addressing other pending issues which may warrant the relief sought by Clark, we hereby...

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