Macro Companies, Inc. v. Dearybury Oil & Gas, Inc., Et Al.

Supreme Court of Louisiana
June 29, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
MACRO COMPANIES, INC.
VS.
DEARYBURY OIL & GAS, INC., ET AL.
No. 2021-C-00483
_ _
_ _ _ _
I
N RE: Macro Companies, Inc. - Applicant Plaintiff; Applying For Writ Of
Certiorari, Parish of Lafayette, 15th Judicial District Court Number(s) C-20184283,
Court of Appeal, Third Circuit, Number(s) CA 20-174;
_ _ _ _ _ _
June 29, 2021
Writ application granted. See per curiam.
Weimer, C.J., would grant and docket.
JDH
SJC
JTG
WJC
JBM
PDG
06/29/2021 "See News Release 027 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2021-C-00483
MACRO COMPANIES, INC.
vs.
DEARYBURY OIL & GAS, INC., ET AL.
On Writ of Certiorari to the Court of Appeal, Third Circuit, Parish of Lafayette
PER CURIAM
In writ application 2021-C-0483, Macro Companies, Inc. seeks review of the
court of appeal's ruling dismissing its claims against Dearybury Oil & Gas Co.,
Inc., Florida Marine Transporters, LLC, and Kenneth Pullen, for a $250,000.00
fee. Specifically, Macro alleges it entered into an agreement with Dearybury
wherein Dearybury agreed to the payment of a fee equal to 5(t/gallon of fuel sold
by Dearybury to FEMA. The defendants filed motions for summary judgment
wherein they argued that, even if such an agreement existed, the fee is prohibited
by 48 C.F.R. 52.203-5 of the Federal Acquisition Regulation (FAR.)
The interpretation of a statute is a question of law. Questions of law are
reviewed de novo to determine whether the lower court's interpretive decision was
legally correct. A Fuselier Bonding Serv., Inc. v. Perez, 10-1416 (La. App. 3
Cir. 4/6/11 ), 62 So.3d 296. Judicial statutory interpretation must give
consideration and meaning to an entire statutory framework and context.
Bourgeois v. Akzo Nobel Salt, Inc., 97-54, (La. App. 3 Cir. 10/01/97), 702 So.2d
762, writ denied, 97-2753 (La.2/6/98), 709 So.2d 732; Dalme v. Blockers
Manufactured Homes, Inc., 2000-00244 (La. App. 3 Cir. 1/25/01 ), 779 So.2d
1014, 1017. In Johnston v. Morehouse Parish Police Jury, 424 So.2d 1053,
1056 (La. App. 2 Cir. 1982), the court stated as follows:
06/29/21