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COMMAND CONSTRUCTION INDUSTRIES, L.L.C. v. CITY OF NEW ORLEANS

Nos. 2013-CA-0524, 2013-CA-0525.

126 So.3d 716 (2013)

COMMAND CONSTRUCTION INDUSTRIES, L.L.C., v. CITY OF NEW ORLEANS. FHP Tectonics Corp., v. City of New Orleans.

Court of Appeal of Louisiana, Fourth Circuit.

October 23, 2013.

Attorney(s) appearing for the Case

Denise C. Puente , Douglass F. Wynne , Howard B. Shreves , James A. Burton , Simon Peragine Smith & Redfearn, LLP, New Orleans, LA, for Appellant/Command Construction Industries, LLC.

Christy C. Harowski , Deputy City Attorney, Sharonda R. Williams , City Attorney, New Orleans, LA, for Appellee/City of New Orleans.

L. Etienne Balart , Jarred G. Trauth , Jones, Walker, Waechter, Poitevent, Carrere & Denegre, L.L.P., New Orleans, LA, for Intervenor/Durr Heavy Construction, LLC.

John M. Madison, III , Kracht Frazier Madison, L.L.P., Baton Rouge, LA, Amicus Curiae/Louisiana Associate General Contractors, Inc.

Court composed of Judge PAUL A. BONIN, Judge DANIEL L. DYSART, Judge ROSEMARY LEDET.

DANIEL L. DYSART, Judge.

In this case involving the award of a public construction contract, appellant, Command Construction Industries, L.L.C. ("Command"), seeks reversal of the trial court's denial of its request for injunctive relief (or mandamus). For the reasons that follow, we find that the trial court improperly denied Command's request for injunctive relief (or mandamus). At this stage, with the near completion of the contract at issue, a reversal of the trial...

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