Edward Levy Metals, Inc. v. New Orleans Public Belt Railroad

SAMUEL, Judge.

Plaintiff filed this suit for the value of certain scrap steel placed by it in defendant’s possession. Defendant answered and filed a third-party petition against Southern Scrap Materials Co., Ltd., seeking a judgment against the latter in such amount as might be found to be due by defendant to plaintiff in the original suit. Southern Scrap filed an exception of prescription of one and two years to the third-party petition. There was judgment in the trial court maintaining the exception and dismissing the third-party petition. Third-party plaintiff has appealed therefrom.

The…