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C. H. LEAVELL & CO. v. BOARD OF COM'RS OF PORT OF NEW ORLEANS

Civ. A. No. 68-1132.

292 F.Supp. 727 (1968)

C. H. LEAVELL & COMPANY, Plaintiff, v. BOARD OF COMMISSIONERS OF the PORT OF NEW ORLEANS and Department of Highways, State of Louisiana, Defendants.

United States District Court E. D. Louisiana, New Orleans Division.

October 17, 1968.

Attorney(s) appearing for the Case

Gibbons Burke, Chaffe, McCall, Phillips, Burke, Toler & Sarpy, New Orleans, La., for plaintiff.

Sumter D. Marks, Jr., Phelps, Dunbar, Marks, Claverie & Sims, New Orleans, La., for Board of Comrs. of Port of New Orleans, defendant.

Elven Ponder, Baton Rouge, La., for Department of Highways, State of La., defendant.

RULING ON DEFENDANTS' MOTION TO DISMISS ON THE GROUND OF PREMATURITY

RUBIN, District Judge:

C. H. Leavell and Company, the prime contractor engaged in the construction of an international exhibition facility, filed suit on June 5, 1968, for breach of contract. It seeks to recover damages exceeding five million dollars that it claims it suffered because of unreasonable delays and other contractual violations attributable to the defendants, the Board of Commissioners...

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