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SYSTEM FUELS, INC. v. BETHLEHEM STEEL CORP.

No. 80-3288.

645 F.2d 469 (1981)

SYSTEM FUELS, INC., Plaintiff-Appellant, v. BETHLEHEM STEEL CORPORATION, Defendant-Appellee, Third Party Plaintiff-Appellant, v. CHEVRON, USA, INC., et al., Third Party Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit A.

May 20, 1981.

Attorney(s) appearing for the Case

Herschel L. Abbott, Jr., John J. Carney, New Orleans, La., for plaintiff-appellant.

James J. Morrison, Jr., New Orleans, La., for Grant Oil Tubular Corp.

Sessions, Fishman, Rosenson, Boisfontaine & Nathan, Cicero C. Sessions, Harvey L. Strayhan, Linda S. A. Burke, New Orleans, La., for Bethlehem Steel.

Esmond Phelps, II, New Orleans, La., for The Babcock & Wilcox Co.

Donald R. Abaunza, Thomas M. McNamara, New Orleans, La., for Chevron, U.S.A., Inc.

T. H. Eskridge, Tulsa, Okl., Wiley G. Lastrapes, Jr., C. Manly Horton, Jr., New Orleans, La., for Bovaird Supply Co.

Before BROWN, WISDOM and RANDALL, Circuit Judges.

WISDOM, Circuit Judge:

The issue in this diversity case is whether the plaintiff's complaint was filed within Louisiana's one-year prescription period for redhibition actions, La.Civ.Code art. 2534. We affirm the district court's holding that the action is prescribed.

This suit involves defective steel pipe sold to the plaintiff System Fuels, by the defendant, Bethlehem Steel. In April 1977 a representative of System Fuels called a representative of Bethlehem...

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