Barber Bros. Contracting Co. v. Department of Transportation & Development

Supreme Court of Louisiana December 2, 1988

Barber Bros. Contracting Co. v. Department of Transportation & Development, 533 So. 2d 1226 (La. 1988)

1988 La. LEXIS 2784

Calogero, Cole, Lemmon, Reasons

Opinion of the Court

IN RE: Transportation & Dev. Dept.; Graves, Robert G.; — Defendants); Applying for Writ of Certiorari and/or Review; to the Court of Appeal, First Circuit, Number CA88 0218; Parish of East Baton Rouge, 19th Judicial District Court, Div. “K”, Number 323,181.

Prior report: La.App., 529 So.2d 442.

Granted. Reversed. The trial court judgment is reinstated.

Concurring Opinion

CALOGERO, J.,

concurs, although preferring to bring the case up for full treatment. There is no ambiguity in the relevant bid language for there is no reasonable interpretation other than the construction given the bid by the district court.

LEMMON, J., concurs with reasons. COLE, J., dissents.

Reference

Full Case Name: BARBER BROTHERS CONTRACTING CO., INC. v. The DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, STATE OF LOUISIANA Robert G. Graves and H & S Construction Co., Inc.
Status: Published