No. 4996 Precedential Processed

Turnkey Constructors, Inc. v. Dewey, Cheatum & Howe, Inc.

Louisiana Court of Appeal, First Circuit · Filed October 14, 1975 · 321 So. 2d 399

Also decided on this docket: La. Ct. App. 1st Cir., July 3, 1975 315 So. 2d 409; La. Ct. App. 1st Cir., May 2, 1972 261 So. 2d 708; La. Ct. App. 1st Cir., March 21, 1960 119 So. 2d 127; La. Ct. App. 1st Cir., May 2, 1910 7 Teiss. 397

Cited by

Authorities cited

Identified automatically; this list may not be exhaustive.

Opinion text

FRUGÉ, Judge. We have been ordered by the Supreme Court to rehear this case before a five judge panei in accordance with Article 5, *400 Section 8(B) of the Constitution of 1974. 319 So.2d 440 (La.1975). We have reviewed the complete record and briefs subsequent to the order and have concluded that our original majority opinion (see 315 So.2d 409 ) is correct. Having reached that conclusion, we reinstate our original judgment reversing the judgment of the trial court and remanding the case to the district court Rr trial on the merits. The costs of this appeal are assessed against plaintiff-appellee. Reversed and remanded. WATSON, J., dissents and will assign written reasons.