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CENTURY READY MIX CORP. v. BOYTE

No. 42,634-CA.

968 So.2d 893 (2007)

CENTURY READY MIX CORP., Plaintiff v. Dennis BOYTE d/b/a Dennis Boyte Construction and Dawson Farms, L.L.C., Defendants.

Court of Appeal of Louisiana, Second Circuit.

October 24, 2007.

Attorney(s) appearing for the Case

C. Bryan Racer, Monroe, for Appellant, Dawson Farms, L.L.C. and Appellee, Dennis Boyte.

McNew, King, Mills, Burch & Landry, L.L.P., by Brady D. King, II, Monroe, Jennifer H. Johnson, for Third Party Appellee, First National Bank of Crossett.

W. Michael Street, for Appellee, Century Ready Mix Corp.

Before STEWART, GASKINS and CARAWAY, JJ.

CARAWAY, J.

An unpaid cement supplier instituted suit under the Louisiana Private Works Act, La. R.S. 9:4801, et seq., against the owner and building contractor of a cold storage facility built on owner's property. The owner filed a third party demand for damages against a bank which had been assigned the proceeds of the contract of a subcontractor, which had failed to pay the plaintiff. The bank applied the proceeds

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