Tanner Heavy Equipment Co. v. Mid-State Sand & Gravel Co.

STOKER, Judge.

This is an appeal from a judgment in a concursus proceeding invoked in a contract dispute. We reverse and vacate the judgment and remand for further proceedings.

FACTS

The litigation involved in this appeal grows out of disputes between a contrac*143tor, Mid-State Sand & Gravel Co., Inc. (Mid-State), and two of its subcontractors: Tanner Heavy Equipment Co., Inc. (Tanner) and Louisiana Erosion Control, Inc. (LEC). Mid-State itself subcontracted to perform certain work on the DeRidder ByPass, Route LA 3226. Tanner’s subcontract duties included preparing the by-pass slopes for the…