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LANZA ENTERPRISES, INC. v. CONTINENTAL INSURANCE CO.

No. 232.

129 So.2d 91 (1961)

LANZA ENTERPRISES, INC., Plaintiff-Appellee, v. CONTINENTAL INSURANCE COMPANY, Defendant-Third Party Plaintiff-Appellant, v. OCEAN ACCIDENT AND GUARANTEE CORPORATION, Ltd., Third Party Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied May 9, 1961.

Certiorari Denied June 20, 1961.

Attorney(s) appearing for the Case

Bienvenu & Culver, by James C. Murphy, Jr., New Orleans, for defendant-third party plaintiff and appellant.

Joe J. Tritico, Lake Charles, for plaintiff-appellee.

Jones, Kimball, Harper, Tete & Wetherill, by W. R. Tete, Lake Charles, for third party defendant and appellee.

Before TATE, FRUGÉ, and CULPEPPER, Judges.

TATE, Judge.

The sole issue of this appeal by a third-party plaintiff is whether the trial court correctly dismissed a third-party demand upon the third-party defendant's exception of no cause of action. The third-party plaintiff, as defendant in the suit, seeks to implead the third-party defendant under LSA-C.C.P. art. 1111 (formerly LSA-R.S. 13:3381) as being liable for all or part of the principal demand of the suit instituted against the former.

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