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SMITH v. LY

No. 86-CA-297.

498 So.2d 128 (1986)

Stephen E. SMITH, Husband of/and Kathryn Kempf Smith v. Binh LY, Husband of/and Eva Ly.

Court of Appeal of Louisiana, Fifth Circuit.

November 10, 1986.

Attorney(s) appearing for the Case

James E. Stovall, Jackson and Stovall, New Orleans, for plaintiffs and appellees Stephen E. Smith, husband of/and Kathryn Kempf Smith.

Harvey Green, Metairie, for defendants and appellants Binh Ly, husband of/and Eva Ly.

Chester A. Fleming, III, Terry Deffes, Boggs, Loehn & Rodrigue, New Orleans, for defendant and appellee Joseph A. Neyrey.

August J. La Nasa, New Orleans, for defendant and appellee Neyrey Park, Inc.

Joseph Bishop, Jr., Mandeville, for defendant and appellee Brister Stevens.

Ronald P. Whittington, St. Rose, for defendant and appellee Poley's Sheet Metal, Inc.

H.A. Vondenstein, Wayne C. Guidry, Gretna, for defendant and appellee Parish of Jefferson.

Before KLIEBERT, GRISBAUM and DUFRESNE, JJ.

KLIEBERT, Judge.

This is a devolutive appeal by Binh Ly and his wife, Eva, defendants and third party petitioners, from judgments dismissing on exceptions of prescription their third party petition against Joseph A. Neyrey, Brister Stevens, Inc. and Poley's Sheet Metal, Inc. Only Joseph A. Neyrey had made an appearance in this court. We reverse and set aside the trial court's ruling and remand for further proceedings consistent with this opinion.

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