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PACIFIC LINING CO. v. ALGERNON-BLAIR CONST. CO.

Nos. 85-3740, 86-3025.

812 F.2d 237 (1987)

PACIFIC LINING CO., INC., Plaintiff-Appellee, Cross-Appellant, v. ALGERNON-BLAIR CONSTRUCTION CO. and United States Fidelity & Guaranty Co., Defendants-Appellants, Cross-Appellees. AESCO STEEL, INC., Plaintiff-Appellee, v. J.A. JONES CONSTRUCTION CO. and Fidelity & Deposit Co. of Maryland, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 13, 1987.

Attorney(s) appearing for the Case

Donald A. Meyer, Shushan, Meyer, Jackson, McPherson & Herzog, New Orleans, La., for Algernon-Blair Const. and U.S. Fidelity & Guar.

William S. Marshall, Jr., New Orleans, La., for Pacific Lining.

Terrence L. Brennan, Deutsch, Kerrigan & Stiles, New Orleans, La., for J.A. Jones Const. Co., and Fidelity & Deposit Co. of Md.

H. Bruce Shreves, Simon, Peragine, Smith & Redfearn, New Orleans, La., for Aesco Steel, Inc.

Before THORNBERRY, JOHNSON and WILLIAMS, Circuit Judges.

Rehearing Denied April 13, 1987 in No. 85-3740.

JERRE S. WILLIAMS, Circuit Judge:

These two diversity cases involve the claims of subcontracting companies against their contractors and their contractors' sureties for payment for work performed in connection with the Louisiana World Exposition. Both cases raise the question of whether or not "pay when paid" clauses constitute suspensive conditions under Louisiana law. A motion to certify this question to the...

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