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HERZOG CONTRACTING CORP. v. OLIVER

No. 35,219-CA.

805 So.2d 313 (2001)

HERZOG CONTRACTING CORPORATION, Plaintiff-Appellant, v. Robert V. OLIVER, et al., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

December 19, 2001.

Attorney(s) appearing for the Case

John W. Pesnell, Counsel for Defendant-Appellant, Geotechnical Testing.

Downer, Kyle & Wilhite by Philip E. Downer, III, Kevin W. Hammond, Shreveport, Counsel for Plaintiff-Appellant, Herzog Contracting Corp.

Snellings, Breard Sartor, Inabnett & Trascher, L.L.P. by Wendy E.W. Giovingo, Monroe, Counsel for Third Party Defendants-Appellees.

Sessions & Fishman by Glen E. Mercer, New Orleans, Counsel for Defendants-Appellees, Maryland Casualty Co., Maryland Ins. Co. & National Standard Ins.

Roos & Frazier by John McGinty Frazier, Shreveport, Kean, Miller, Hawthorne by Leonard L. Kilgore, III, Melissa M. Cresson, Baton Rouge, Counsel for Defendant-Appellee, Riverwood International Corp.

Barham & Warner by Richard G. Barham, Shreveport, Counsel for Defendant-Appellee, West American.

Before BROWN, GASKINS and CARAWAY, JJ.

BROWN, J.

Plaintiff, Herzog Contracting Corporation ("Herzog"), sued Geotechnical Testing Laboratory, Inc. ("GTL"), alleging a breach of contract arising out of GTL's failure to discover hazardous waste materials on property Herzog purchased in October of 1988. Herzog also named as defendants GTL's insurers, the Maryland Insurance Company, the Maryland Casualty Company, and the National Standard Insurance Company ("Maryland...

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