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DON BIHM EQUIPMENT CO. INC. v. DEPT. OF TRANSP. AND DEV. LLC.

No. 2010 CA 1997.

64 So.3d 897 (2011)

DON BIHM EQUIPMENT CO., INC. v. LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, Denton James, LLC, and Environmental Abatement Services, Inc.

Court of Appeal of Louisiana, First Circuit.

May 6, 2011.

Attorney(s) appearing for the Case

Charles E. Griffin, II , St. Francisville, LA, for Plaintiff/Appellee Don Bihm Equipment Co., Inc.

David C. Voss , E. Allen Graves, Jr. , David W. Carley , Baton Rouge, LA, for Defendant/Appellant JB James Construction, L.L.C. f/k/a Denton James, LLC.

Before PARRO, GUIDRY, and HUGHES, JJ.

HUGHES, J.

This is an appeal from a district court judgment in favor of a subcontractor on a roadway project, awarding to it funds deposited by the state into the court's registry. For the reasons that follow, we reverse and remand.

FACTS AND PROCEDURAL HISTORY

In 2004 the Louisiana Department of Transportation and Development ("DOTD") selected Denton James, LLC1 as contractor...

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