Legal Opinion
C. H. Leavell & Co. v. Board of Commissioners
District Court, E.D. Louisiana
Decided February 11, 1970No. Civ. A. No. 69-725PublishedCited by 1 opinion
1Opinion of the Court
OPINION ON MOTION TO DISMISS ACTION AS PREMATURE
RUBIN, District Judge:
C. H. Leavell’s contract with the Board of Commissioners (Dock Board) and the Louisiana Highway Department was to construct an exposition building (“The Rivergate”) for $12,705,807. Leavell has sued for the amounts allegedly due it in excess of the original contract price, totalling $5,100,000, plus interest, attorneys’ fees, and court costs. The Board contends the suit should be dismissed because Leavell has not finished this job, and no suit will lie until the entire contract is completed and accepted. The court has…
2Cases cited17 opinions
- Airco Refrigeration Service, Inc. v. FinkSupreme Court of Louisiana · 1961
- Dugue v. LevySupreme Court of Louisiana · 1904
- Merrill v. HarangLouisiana Court of Appeal · 1940
- Maloney v. Oak Builders, Inc.Louisiana Court of Appeal · 1969
- Lillis v. AndersonLouisiana Court of Appeal · 1945
12 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Worthington Corporation v. Consolidated Aluminum Corporation (Formerly Gulf Coast Aluminum Corporation), and Parish of Calcasieu, State of LouisianaCourt of Appeals for the Fifth Circuit · 1976