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SHAW CONSTRUCTORS v. ICF KAISER ENGINEERS, INC.

No. 02-30183.

395 F.3d 533 (2004)

SHAW CONSTRUCTORS, Plaintiff-Appellant, Cross-Appellee, v. ICF KAISER ENGINEERS, INC., et al., Defendants, PCS Nitrogen Fertilizer, L.P., Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

December 30, 2004.

Attorney(s) appearing for the Case

Eric A. Kracht (argued), Kracht & Associates, Baton Rouge, LA, for Shaw Constructors.

Eugene R. Preaus (argued), Edward C. Gleason, Preaus, Roddy & Associates, New Orleans, LA, for PCS Nitrogen Fertilizer L.P.

Before HIGGINBOTHAM, GARZA and DENNIS, Circuit Judges.

DENNIS, Circuit Judge:

This is an action based on the Louisiana Private Works Act that requires the interpretation and application of the Louisiana Civil Code articles in the chapters on Third Party Beneficiary and Dissolution of Contracts.

A subcontractor performed its part of the work in constructing a $38 million Nitric Acid Facility for the owner of an industrial plant. In the subcontract with the general contractor...

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