JEFFERSON MARINE TOWING v. KOSTMAYER CONST.

No. 09-CA-310.

32 So.3d 255 (2010)

JEFFERSON MARINE TOWING, INC. v. KOSTMAYER CONSTRUCTION, LLC.

Court of Appeal of Louisiana, Fifth Circuit.

January 26, 2010.


Attorney(s) appearing for the Case

Raymond A. Osborn, Jr., Attorney at Law, Harvey, LA, for Plaintiff/Appellant.

George B. Recile, Preston L. Hayes, Attorneys at Law, Metairie, LA, for Defendant/Appellee.

Panel composed of Judges FREDERICKA HOMBERG WICKER, JUDE G. GRAVOIS and MARC E. JOHNSON.


MARC E. JOHNSON, Judge.

The Plaintiff, Jefferson Marine Towing, Inc., appeals a judgment in a suit on open account that granted a peremptory exception of res judicata to the Defendant, Kostmayer Construction, L.L.C. We affirm.

In January of 2005, the Plaintiff was hired by the Defendant to tow one of its work cranes to a job site in Texas. The tow began in Baton Rouge, Louisiana. The M/V MISS ENOLA was the tow vessel, and it was moving the BARGE OU701...

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