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VOELKEL CONST. v. RECORDER OF MORTGAGES

No. 2002 CA 1153.

859 So.2d 9 (2003)

NORMAN H. VOELKEL CONSTRUCTION, INC. v. The RECORDER OF MORTGAGES FOR EAST BATON ROUGE PARISH and HECK INDUSTRIES, INC.

Court of Appeal of Louisiana, First Circuit.

Writ Denied October 31, 2003.

Attorney(s) appearing for the Case

David C. Clement, New Orleans, Counsel for Plaintiff/Appellant, Norman H. Voelkel Construction, Inc.

Craig L. Kaster, Zachary, Counsel for Defendant/Appellee, Heck Industries, Inc.

Ben Beychok, Baton Rouge, Counsel for Defendant/Appellee, Honorable Doug Welborn, Clerk Of Court and Ex Officio Recorder, Parish of East Baton Rouge.

Before: FOIL, PETTIGREW, McCLENDON, KLINE, and CLAIBORNE, JJ.

McCLENDON, J.

By this appeal, a contractor contests the trial court's denial of a writ of mandamus to cancel a lien filed pursuant to the Private Works Act, LSA-R.S. 9:4801 et seq. For the following reasons, we reverse.

On February 25, 2000, Norman H. Voelkel Construction, Inc. entered into a construction contract with Albertson's, Inc. Under the terms of the contract, Voelkel agreed to act as the general contractor for the construction of Albertson's Store...

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