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LURIA BROTHERS & CO. v. CAPITOL STEEL, INC.

No. 7717.

225 So.2d 630 (1969)

LURIA BROTHERS & CO., Inc., Plaintiff-Appellant, v. CAPITOL STEEL, INC., as Successor to Mike Safer Company, Inc., Defendant-Appellee.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied August 28, 1969.

Attorney(s) appearing for the Case

Joseph A. Gladney and W. Frank Gladney, Baton Rouge, for appellant.

Deutsch, Kerrigan & Stiles, by Dermot S. McGlinchey, New Orleans, for appellee.

Before LOTTINGER, ELLIS and BAILES, JJ.

BAILES, Judge.

Luria Brothers and Company, Inc. (Luria), a scrap metal broker, instituted this action against Capitol Steel, Inc., as successor to Mike Safer Company, Inc. (Safer), a scrap metal dealer, to recover money advanced to Safer against future "suitable and acceptable" shipments of scrap iron, steel and other metals. The petition alleges advances totaling $35,614.49 and credits for delivered scrap material in the amount of $13,531.01, and claims the balance...

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