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CAPITOL HARDWARE CO. v. ALLEN CONSTRUCTION CO.

Nos. 8316, 8349.

248 So.2d 396 (1971)

CAPITOL HARDWARE CO., Inc. v. ALLEN CONSTRUCTION CO. et al. ST. MARY CASH & CARRY BLDG. MATERIALS, INC. v. ALLEN CONSTRUCTION CO. et al.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied May 31, 1971.

Attorney(s) appearing for the Case

M. J. McNulty, Jr., of Bauer, Darnall, McNulty & Boudreaux, Franklin, for Capital Hardware Co., Inc., Sosstenes Ruiz, III, Morgan City, for St. Mary Cash & Carry Bldg. Materials, Inc.

John W. Haygood, of Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Marian Mayer Berkett, of Deutsch, Kerrigan & Stiles, New Orleans, R. Paul Greene, Baton Rouge, for appellees.

Before LANDRY, ELLIS and BLANCHE, JJ.

BLANCHE, Judge.

Plaintiffs-appellants in these two suits appeal from the judgment of the trial court dismissing their demands against the defendant-appellee, Aetna Casualty & Surety Company, on an exception of prescription. For purposes of this appeal the cases have been consolidated, though separate judgments will be rendered in each. Plaintiffs allege that they furnished certain materials for the construction of a Travelodge Motel

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