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  5. 915 F.Supp. 818 (1995)
 

MATHERNE CONTRACTOR, INC. v. GRINNELL FIRE PROTEC. SYS. CO.

Civil A. No. 94-04.

915 F.Supp. 818 (1995)

PERCY J. MATHERNE CONTRACTOR, INC. v. GRINNELL FIRE PROTECTION SYSTEMS CO.

United States District Court, M.D. Louisiana.

August 9, 1995.

Attorney(s) appearing for the Case

William R. D'Armond, Melanie Moreland Hartmann, and Theresa R. Hagen, Kean, Miller, Hawthorne, D'Armond, McCowan & Jarman, Baton Rouge, LA, for Percy J. Matherne Contractor, Inc.

Peter Anthony Feringa, Jr., Wilbur Anthony Toups, III, Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, LA, and Christoffer C. Friend, Rene A. Curry, Jr., A.P.L.C., New Orleans, LA, for Grinnell Fire Protection Systems, Division of Grinnell Corporation Corporation.

C. Edgar Cloutier and Robert E. Peyton, Christovich & Kearney, New Orleans, LA, for St. James Parish School Board.

ORDER ON MOTIONS FOR SUMMARY JUDGMENT

VANCE, District Judge.

This matter is before the Court on cross motions for summary judgment filed by defendant Grinnell Fire Protection Systems Co. ("Grinnell") and plaintiff Percy Matherne Contractor, Inc. ("Matherne"). For the reasons stated below, the motion by Grinnell is denied, and the motion by Matherne is granted.

I. BACKGROUND

This is an action by a general contractor, Matherne, against...

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