United States Fifth Circuit

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In the Matter of: Whitaker Constr. Co., Inc., 04-30598, 05-30074

Judgment for defendant in one action and plaintiff in another on claims by a subcontractor against a surety for construction work is affirmed where: 1) the subcontractor's filing of an involuntary bankruptcy petition against the debtor could not preserve one claim, and 2) a statutory peremption period was not triggered when notice of a construction contract was filed but notice of termination was not.

Appellate Information

  • Decided 02/01/2006
  • Published 02/01/2006


  • PRADO, Circuit Judge:, Before GARWOOD, PRADO and OWEN, Circuit Judges.


  • United States Fifth Circuit


  • For Appellant:
  • Eugene R. Preaus (argued), Mayra L. Scheuermann, Preaus, Roddy & Associates, New Orleans, LA, for Fid. & Deposit Co. of Md., F. Drake Lee, Jr. (argued), Cook, Yancey, King & Galloway, Shreveport, LA, for FitzGerald Contractors, Inc.