United States Fifth Circuit

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

Judges

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

Court

• United States Fifth Circuit

Counsel

• 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.