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ENVIRONMENTAL OPERATORS, L.L.C. v. NATCO, INC.

No. 2008-CA-1183.

7 So.3d 1232 (2009)

ENVIRONMENTAL OPERATORS, L.L.C. v. NATCO, INC., et al.

Court of Appeal of Louisiana, Fourth Circuit.

March 18, 2009.

Attorney(s) appearing for the Case

Marcus Louis Giusti, Hannan Drake & Giusti, L.L.P., Metairie, LA, for Plaintiff/Appellee.

Lloyd N. Shields, Andrew G. Vicknair, Jeffrey K. Prattini, Shields Mott Lund, L.L.P., New Orleans, LA, for Natco, Inc., Travelers Casualty & Surety Company of America and David Cooper.

(Court composed of Judge CHARLES R. JONES, Judge MAX N. TOBIAS, JR., and Judge EDWIN A. LOMBARD).

CHARLES R. JONES, Judge.

The named appellants, NATCO, David Cooper, and Travelers Casualty & Surety Company of America (the appellants), seek review of a district court judgment which granted the Environmental Operators, L.L.C.'s (E.O.) motion for summary judgment. We reverse and remand.

The instant matter arises out of a subcontract agreement ("the waste agreement") between E.O. and NATCO, whereby E.O. agreed to accept creosote timber debris which NATCO...

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