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COMBEE v. SHELL OIL CO.

No. 77-2843.

615 F.2d 698 (1980)

Rickey COMBEE, Plaintiff-Appellee, Cross-Appellant, v. SHELL OIL COMPANY, Defendant-Third Party Plaintiff, TRAVELERS INSURANCE COMPANY, Defendant, v. KENDALL CONSTRUCTION CO. et al., Third Party Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 19, 1980.

Attorney(s) appearing for the Case

Normand F. Pizza, New Orleans, La., for Kendall et al.

William W. Miles, Metairie, La., for Combee.

Before HILL, KRAVITCH and THOMAS A. CLARK, Circuit Judges.

KRAVITCH, Circuit Judge.

In this diversity case, Rig Hammers, Inc. and Kendall Construction Co. appeal an adverse judgment, claiming: (a) a lack of subject matter jurisdiction; and (b) that the trial court erred in denying their motion to dismiss on the basis of prescription. Combee cross-appeals contending the trial court abused its discretion in permitting Rig Hammers and Kendall to amend their answers to assert the prescription...

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