Court of Appeals for the Fifth Circuit April 17, 1916, No. 2898 (McClintic-Marshall Co. v. Ibos)

PER CURIAM.

Assuming that under the Louisiana practice, in a suit for damages for a tort, the defendant may have a right to a call in warranty (see Muntz v. Algiers Ry. Co., 114 La. 438, 38 South. 410), we are of opinion (1) that the motion to dismiss the writ should be overruled; and (2) that on the case made by the call in warranty against John B.