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EBINGER v. VENUS CONSTRUCTION CORPORATION

Nos. CW 09-1407, 10-194.

48 So.3d 380 (2010)

Charles EBINGER and Charlene Ebinger v. VENUS CONSTRUCTION CORPORATION.

Court of Appeal of Louisiana, Third Circuit.

October 6, 2010.

Attorney(s) appearing for the Case

Wayne M. Babovich , Babovich & Spedale, PLC, New Orleans, LA, Christopher John Couch , Metairie, LA, for Defendant/Respondent, Roy Carubba.

Thomas J. Eppling , Craig Wren Brewer , Sara P. Scurlock , Staines, Eppling & Myers, Metairie, LA, for Defendant/Respondent, Post-Tension Slabs, Inc.

William Lee Melancon , Thomas H. Morrow , Melancon & Associates, Lafayette, LA, for Plaintiffs/Respondents, Charles Ebinger Charlene Ebinger.

Leigh Haynie , Carencro, LA, for Plaintiff/Respondent, Charles Ebinger.

Glen E. Mercer , Kourtney Twenhafel French , Salley, Hite, Rivera & Mercer, New Orleans, LA, for Defendant Respondent, Maryland Insurance Company.

W. Evan Plauche ', Justin E. Alsterberg , Shailendra Kulkarni , Hailey, McNamara, Hall, Larmann & Papale, LLP, New Orleans, LA, for Defendant/Applicant, Venus Construction Corporation.

Court composed of JOHN D. SAUNDERS, MARC T. AMY, and ELIZABETH A. PICKETT, Judges.

AMY, Judge.

For the reasons cited in the companion appeal of Ebinger v. Venus Constr. Corp., 10-194 (La.App. 3 Cir.__/__/10), 48 So.3d 375, the trial court's dismissal of the appellee-Post-Tension Slabs, Inc. pursuant to the granting of the exception of prescription is reversed. This matter is remanded for further proceedings. All costs of this proceeding are assessed against the appellee, Post-Tension Slabs, Inc.

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