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CAJUN CONSTRUCTORS v. FLEMING CONST. CO.

No. 2005 CA 2003.

951 So.2d 208 (2006)

CAJUN CONSTRUCTORS, INC. v. FLEMING CONSTRUCTION CO., INC. and Travelers Casualty & Surety Company of America.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied January 31, 2007.

Attorney(s) appearing for the Case

R. Gray Sexton, Michael D. Dupree, Tracy Meyer Walker, Baton Rouge, Counsel for Plaintiff/Appellee Cajun Constructors, Inc.

H. Bruce Shreves, James A. Burton, Herman C. Hoffmann, Jr., Denise C. Puente, New Orleans, Counsel for Defendant/Appellant Travelers Casualty & Surety Company of America.

David C. Voss, Matthew G. Tessier, Baton Rouge, Counsel for Defendant/Appellant Fleming Construction Co., Inc.

Before: PARRO, GUIDRY, and McCLENDON, JJ.

McCLENDON, J.

The defendants, Fleming Construction Co., Inc. (Fleming) and Travelers Casualty & Surety Company of America (Travelers), appeal the trial court judgment in favor of the plaintiff, Cajun Constructors, Inc. (Cajun), granting Cajun's motions for partial summary judgment against Fleming and Travelers, and awarding Cajun penalties, attorney fees and costs. For the reasons that follow, we affirm in part and reverse in part.

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