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AETNA INS. CO. v. BOH BROS. CONST. CO.

No. 9630.

365 So.2d 927 (1978)

AETNA INSURANCE COMPANY v. BOH BROTHERS CONSTRUCTION COMPANY, the Police Jury of St. Bernard Parish, Dept. of Highways of the State of La. et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied January 16, 1979.

Attorney(s) appearing for the Case

H. F. Foster, III; Bienvenu, Foster, Ryan & O'Bannon, New Orleans, for Boh Bros. Const. Co., Inc., defendant-plaintiff in reconvention-appellant.

Sylvan J. Steinberg, of Bronfin, Heller, Feldman & Steinberg, New Orleans, for plaintiff, defendant in reconvention and appellee, Aetna Ins. Co.

Before STOULIG, BOUTALL and BEER, JJ.

BOUTALL, Judge.

This appeal involves the dismissal of a reconventional demand by the trial judge's ruling maintaining exceptions of prescription and no cause of action filed by the defendant. For the reasons below, we reverse.

There are two separate lawsuits involved and the facts are these. The controversy arose out of a one-car accident, injuring Kevin Kern, the passenger. Kevin Kern sued both the driver of the car, Michael Mustacchia, and another defendant...

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