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MAGUIRE v. MASINO

No. 6978.

325 So.2d 844 (1975)

James G. MAGUIRE v. Joyce R. MASINO.

Court of Appeal of Louisiana, Fourth Circuit.

Concurring Opinion On Denial of Rehearing November 11, 1975.

Attorney(s) appearing for the Case

Pitard, Pitard & Porobil, Gregory M. Porobil and James G. Maguire, New Orleans, for plaintiff-appellee.

Hammett, Leake, Hammett, Hayne & Hulse, New Orleans, James H. Minge, for third-party defendant-appellee, A & M Pest Control Service, Inc.

Dillon & Williams, William S. Marshall, Jr., New Orleans, for defendant, third party plaintiff-appellant, Joyce R. Masino.

Before LEMMON, STOULIG and SCHOTT, JJ.

LEMMON, Judge.

This is an action in quanti minoris filed by James Maguire, alleging that a residential building which he purchased from Miss Joyce Masino was infested with termites at the time of the sale and demanding a reduction in the purchase price. By third party petition Miss Masino sought indemnification from A & M Pest Control Service, Inc., who had contracted with Miss Masino to furnish termite control service...

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