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IN RE WHITAKER CONST. CO., INC.

Nos. 04-30598, 05-30074.

439 F.3d 212 (2006)

In the Matter of: WHITAKER CONSTRUCTION COMPANY, INC., Debtor. Fidelity & Deposit Company of Maryland, Appellee, v. FitzGerald Contractors, Inc., Appellant. In the Matter of: Whitaker Construction Company, Inc., Debtor. Fidelity & Deposit Company of Maryland, Appellant, v. FitzGerald Contractors, Inc., Appellee.

United States Court of Appeals, Fifth Circuit.

January 31, 2006.

Attorney(s) appearing for the Case

Eugene R. Preaus (argued), Mayra L. Scheuermann, Preaus, Roddy & Associates, New Orleans, LA, for Fid. & Deposit Co. of Md.

F. Drake Lee, Jr. (argued), Cook, Yancey, King & Galloway, Shreveport, LA, for FitzGerald Contractors, Inc.

Before GARWOOD, PRADO and OWEN, Circuit Judges.

PRADO, Circuit Judge:

This appeal is the consolidation of two actions, both of which involve FitzGerald Contractors, Inc. ("FitzGerald"), a subcontractor, seeking compensation under Louisiana's Private Works Act, LA.REV.STAT. ANN. §§ 9:4801-55 (West 1991 & Supp. 2005) ("PWA"), from Fidelity & Deposit Company of Maryland, Inc. ("F&D"), a surety, for work performed on construction projects in Louisiana. F&D seeks to avoid liability by asserting...

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