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EDWARD LEVY METALS, INC. v. NEW ORLEANS PUB. BELT R. R.

No. 21561.

139 So.2d 80 (1962)

EDWARD LEVY METALS, INC. v. NEW ORLEANS PUBLIC BELT RAILROAD v. SOUTHERN SCRAP MATERIALS COMPANY, Ltd.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied April 2, 1962.

Certiorari Granted May 18, 1962.

Attorney(s) appearing for the Case

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Pat W. Browne, Jr., New Orleans, for defendant-third-party plaintiff-appellant.

Herbert S. Weil and Walter F. Marcus, New Orleans, for third-party defendant-appellee.

Before McBRIDE, YARRUT and SAMUEL, JJ.

SAMUEL, Judge.

Plaintiff filed this suit for the value of certain scrap steel placed by it in defendant's possession. Defendant answered and filed a third-party petition against Southern Scrap Materials Co., Ltd., seeking a judgment against the latter in such amount as might be found to be due by defendant to plaintiff in the original suit. Southern Scrap filed an exception of prescription of one and two years to the third-party petition. There was judgment in the...

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