Legal Opinion
City of Houma v. Municipal & Industrial Pipe Service, Inc.
Court of Appeals for the Fifth Circuit
Decided October 6, 1989No. 88-3597PublishedCited by 1 opinion
1Opinion of the Court
JOHNSON, Circuit Judge:
The City of Houma, Louisiana, after being defrauded by the contractor hired to test and repair faulty sewer lines, sued the contractor and its surety to recover payments made under the contract. The district court found in favor of the City. The district court also granted the surety indemnity from the engineering firm hired to oversee the rehabilitation plus interest and costs. For the reasons stated below, we affirm these findings. However, finding the award of attorney’s fees to the City to be improper, that award must be vacated.
I. BACKGROUND
A. The Raw Facts
In 1974,…
2Cases cited4 opinions
- Calandro Development, Inc. v. RM Butler Contr., Inc.Louisiana Court of Appeal · 1971
- MJ Womack, Inc. v. State House of Rep.Louisiana Court of Appeal · 1987
- Am. Fid. Fire Ins. Co. v. Pavia-Byrne Engineering Corp.Louisiana Court of Appeal · 1981
- American Furnace Co. v. Great Southern Air C. Co.Louisiana Court of Appeal · 1943
3Cited by1 opinion
- City of Houma, Louisiana v. Municipal and Industrial Pipe Service, Inc., American Manufacturers Mutual Insurance Company, Defendant-Third-Party Plaintiff-Appellee-Appellant v. Gst Engineers, Gulf South Engineers, Inc., and T. Baker Smith & Sons, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1989