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FOUNDATION MAT. v. CARROLLTON MID-CITY INV.

No. 2009-CA-0414.

17 So.3d 513 (2009)

FOUNDATION MATERIALS, INC. v. CARROLLTON MID-CITY INVESTORS, L.L.C. and Harmon Construction, L.L.C.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied September 15, 2009.

Attorney(s) appearing for the Case

Irl R. Silverstein, David A. Silverstein, The Silverstein Law Firm, APLC, Gretna, LA, for Plaintiff/Appellee.

Scott G. Wolfe, Jr., Wolfe Law Group, L.L.C., New Orleans, LA, for Defendant/Appellant, Harmon Construction, L.L.C.

(Court composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge PATRICIA RIVET MURRAY, Judge MICHAEL E. KIRBY).

PATRICIA RIVET MURRAY, Judge.

This is contractual dispute. The defendant, Harmon Construction, L.L.C. ("Harmon"), appeals from the trial court's judgment granting summary judgment against it and in favor of the plaintiff, Foundation Materials, Inc. ("FMI"). For the reasons that follow, we reverse.

FACTUAL AND PROCEDURAL HISTORY

In November 2007, FMI commenced this suit against the alleged property...

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