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INDUSTRIAL ERECTION v. JAY LIPS DOOR CO.

No. 04-CA-927.

895 So.2d 21 (2005)

INDUSTRIAL ERECTION & MAINTENANCE, INC. v. JAY LIPS DOOR & GLASS CO., LLC, Julius J. Lips, Jr. Individually and as a Shareholder of Jay Lips Door & Glass Co., LLC, and Brian L. Redmann Individually and as a Shareholder of Jay Lips Door & Glass Co., LLC, and Hibernia National Bank.

Court of Appeal of Louisiana, Fifth Circuit.

January 25, 2005.

Attorney(s) appearing for the Case

Rykert O. Toledano, Jr., Gordon T. Herrin, Hector R. Lopez, Covington, LA, for Plaintiff/Appellant.

Thomas J. Lutkewitte, Brad P. Scott, New Orleans, LA, for Defendant/Appellee.

Panel composed of Judges EDWARD A. DUFRESNE, JR., SOL GOTHARD, and JAMES L. CANNELLA.

EDWARD A. DUFRESNE, JR., Chief Judge.

This is an appeal by Industrial Erection & Maintenance, Inc. (IMC), plaintiff-appellant, from a judgment sustaining peremptory exceptions of prescription and no cause of action urged by Hibernia National Bank, defendant-appellee, and dismissing the bank from the action. For the following reasons we affirm the judgment sustaining the exception of no cause of action and dismissing the Hibernia from the action with prejudice...

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