Supreme Court of Louisiana, 1977

State ex rel. Department of Highways v. A. Wilbert's Sons Lumber & Shingle Co.

State ex rel. Department of Highways v. A. Wilbert's Sons Lumber & Shingle Co.
Supreme Court of Louisiana · Decided September 30, 1977 · Summers, Tate
349 So. 2d 1271; 1977 La. LEXIS 6632 (Southern Reporter, Second Series)

State ex rel. Department of Highways v. A. Wilbert's Sons Lumber & Shingle Co.

Concurring Opinion

SUMMERS & TATE, JJ.,

are of the opinion the writ should be granted on the issue presented by assignment of error No. 5 concerning the lessee’s right to recover damages suffered by reason of the contractor’s failure to timely construct fences surrounding the highway right of way.

Opinion of the Court

In re: A. Wilbert’s Sons Lumber and Shingle Co. and H. B. Fairchild applying for certiorari, or writ of review, to the Court of Appeal, First Circuit, Parish of West Baton Rouge, 346 So.2d 842.

Writ denied.

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