CALANDRO DEVELOPMENT v. R.M. BUTLER CONTR. INC., 243 So.2d 535 (1970)

CALANDRO DEVELOPMENT, INC. v. R.M. BUTLER CONTRACTORS, INC., et al.

No. 8360.Court of Appeal of Louisiana, First Circuit.
December 21, 1970.

Vincent J. Sotile, Talbot, Sotile Carmouche, Donaldsonville, for Elray Kocke Service, Inc., Linwood Himel and Eddie Esneaud.

Leon Gary, Jr., Landry, Landry Gary, Baton Rouge, for Calandro Dev., Inc.

A. Leon Hebert, Hebert, Moss Graphia, Baton Rouge, James H. Drury, Drury Lozes, New Orleans, for United Bonding Ins. Co.

Page 536

Robert J. Ziblich, George E. Mouledoux, Ziblich Mouledoux, New Orleans, for R.M. Butler Contractors, Inc.

Norman L. Sisson, Baton Rouge, for Altex Ready Concrete Corp.

Glynn A. Long, Donaldsonville, for H.J. Truxillo, Inc.

James W. Bean, Bean Rush, Lafayette, for Fountain Enterprises, Inc.

Marcel Livaudais, Jr., Loeb, Dillon Livaudais, New Orleans, for Boudreaux-Ferguson Consulting Engineers, Inc. and Citizens Cas. Co. of N.Y.

ON MOTION TO DISMISS APPEAL Before LANDRY, ELLIS and BLANCHE, JJ.

BLANCHE, Judge.

A motion to dismiss the appeal of United Bonding Insurance Company has been filed by Altex Ready Mixed Concrete Corporation, plaintiff in reconvention and appellee, as to its claim in the amount of $15,917.66, together with legal interest at the rate of five per cent per annum from November 8, 1967, until paid and plus the sum of $4.00 for recording charges of respondent’s lien.

The grounds on which this motion to dismiss is based are identical to those set forth in the motion to dismiss filed by Elray Kocke Service, Inc.

For the same reasons expressed in our opinion, 243 So.2d 534, denying the motion of Elray Kocke Service, Inc., handed down this date, the motion of Altex Ready Mixed Concrete Corporation is denied at its cost.

Motion denied.