District Court, M.D. Louisiana August 17, 1981, Civ. A. 81-147-B (Frito-Lay, Inc. v. Wapco Constructors, Inc.)

POLOZOLA, District Judge.

Frito-Lay, Incorporated (Frito-Lay) filed this suit against Wapco Constructors, Incorporated (Wapco) for breach of contract. Thereafter, Wapco filed a counter-claim against Frito-Lay to recover retainage funds. Wapco also filed a third party action (which was erroneously entitled as a cross-claim) against Ed Nicholson and Ed Nicholson Associates, Inc.