BARABAY PROPERTY HOLDING CORPORATION v. BOH BROTHERS CONSTRUCTION CO., L.L.C. D/B/A BOH BROTHERS CONSTRUCTION

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FOR IMMEDIATE NEWS RELEASE NEWS RELEASE #015 FROM: CLERK OF SUPREME COURT OF LOUISIANA The Opinions handed down on the 17th day of March, 2009, are as follows: PER CURIAM: 2008-C -1185 BARABAY PROPERTY HOLDING CORPORATION v. BOH BROTHERS CONSTRUCTION CO., L.L.C. D/B/A BOH BROTHERS CONSTRUCTION (Parish of E. Baton Rouge) After hearing oral arguments and reviewing the issues raised by this matter, we conclude that the writ of certiorari was improvidently granted. Accordingly, we recall our order of October 10, 2008, and we deny defendant's application. VICTORY, J., dissents from recalling the writ. KNOLL, J., dissents from recalling the writ. WEIMER, J., dissents from the recall of the writ. 03/17/09 SUPREME COURT OF LOUISIANA No. 2008-C-1185 BARABAY PROPERTY HOLDING CORPORATION v. BOH BROTHERS CONSTRUCTION CO., L.L.C. D/B/A BOH BROTHERS CONSTRUCTION ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF EAST BATON ROUGE 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 certiorari was improvidently granted. Accordingly, we recall our order of October 10, 2008, and we deny defendant s application. 03/17/09 SUPREME COURT OF LOUISIANA No. 08-C-1185 BARABAY PROPERTY HOLDING CORPORATION versus BOH BROTHERS CONSTRUCTION CO., L.L.C. D/B/A BOH BROTHERS CONSTRUCTION ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF EAST BATON ROUGE VICTORY, J., dissents from recalling the writ. 1

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