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VENTERELLA v. PACE

No. 1946.

180 So.2d 240 (1965)

Anthony VENTERELLA, Joseph Bellavia Willie Guidry, individually and as Proprietors of the Sudan Oyster Co. and Emile Bouvier, Jr. v. Reuben C. PACE, d/b/a Pace Marine Service, J. Ray McDermott & Company, Inc., the Travelers Insurance Company, National Automobile and Casualty Insurance Company and Certain Underwriters at Lloyds of London.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied December 6, 1965.

Writ Refused February 4, 1966.

Attorney(s) appearing for the Case

Peltier & Peltier, Thibodaux, Robert U. Blum and Charles F. Seemann, New Orleans, for plaintiffs-appellants.

Phelps, Dunbar, Marks, Claverie & Sims, Gerard T. Gelpi, New Orleans, for Reuben C. Pace, d/b/a Pace Marine Service, defendant-appellee.

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, John J. Weigel, New Orleans, for J. Ray McDermott & Co., Inc., and The Travelers Ins. Co., defendants-appellees.

Terriberry, Rault, Carroll, Yancey & Farrell, M. D. Yager, New Orleans, for National Automobile and Casualty Ins. Co. and certain Underwriters at Lloyds of London, defendants-appellees.

Before McBRIDE, REGAN and BARNETTE, JJ.

BARNETTE, Judge.

Plaintiffs brought their action in the Civil District Court for the Parish of Orleans on March 20, 1960, for damage alleged to have been caused to their oyster lease on December 27, 1958, by the negligent grounding of a tug and a barge owned, operated, or insured by the five defendants. All defendants moved for summary judgment based on the running of prescription, and judgment was entered in their favor on November 16, 1964.

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