SCARIANO BROS. v. HAMMOND CONST.

No. CA-0332.

428 So.2d 564 (1983)

SCARIANO BROTHERS, INC. v. HAMMOND CONSTRUCTION, DIVISION OF SCHEYD-BRENNAN, INC. and Fidelity and Deposit Company of Maryland.

Court of Appeal of Louisiana, Fourth Circuit.

March 4, 1983.


Attorney(s) appearing for the Case

Chaffe, McCall, Phillips, Toler & Sarpy, Peter A. Feringa, Jr., Joan G. Quinters, Bruce C. Butcher, New Orleans, for third party plaintiff-appellant.

Joseph W. Rausch, Stassi & Rausch, New Orleans, for third party defendants-appellees.

Before CIACCIO, BYRNES, and LOBRANO, JJ.


CIACCIO, Judge.

Defendant, Hammond Construction, Division of Scheyd-Brennan, Inc. (hereinafter called "Hammond") appeals from a judgment of the district court which upheld an exception of no cause of action filed by the third party defendant, James Gabler, Jr. We reverse that judgment and remand.

The sole issue presented on appeal is whether the general contractor's third party petition stated a separate cause of action against the corporate officer of the...

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