Barabay Property Holding Corp. v. Boh Bros. Construction Co.

Supreme Court of Louisiana

Barabay Property Holding Corp. v. Boh Bros. Construction Co.

6 So. 3d 172, 2009 La. LEXIS 728, 2009 WL 792384

Supreme Court of Louisiana·Decided March 17, 2009·No. No. 2008-C-1185·Published·Cited by 4 cases

Opinion

PER CURIAM.

Upon defendant’s writ application, we granted certiorari in this case. Barabay Prop. Holding Corp. v. Boh Brothers Constr. Co., 08-1185 (La.10/10/08), 993 So.2d 1270. After hearing oral arguments and reviewing the issues raised by this matter, we conclude that the writ of certio-rari was improvidently granted. Accordingly, we recall our order of October 10, 2008, and we deny defendant’s application.

[173]*173WEIMER, J. dissents from the recall of the writ. KNOLL and VICTORY, JJ., dissent from recalling the writ.

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PER CURIAM.

Upon defendant’s writ application, we granted certiorari in this case. Barabay Prop. Holding Corp. v. Boh Brothers Constr. Co., 08-1185 (La.10/10/08), 993 So.2d 1270. After hearing oral arguments and reviewing the issues raised by this matter, we conclude that the writ of certio-rari was improvidently granted. Accordingly, we recall our order of October 10, 2008, and we deny defendant’s application.

[173]*173WEIMER, J. dissents from the recall of the writ. KNOLL and VICTORY, JJ., dissent from recalling the writ.

Barabay Property Holding Corp. v. Boh Bros. Construction Co., 6 So. 3d 172, 2009 La. LEXIS 728, 2009 WL 792384 (La. 2009).

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