
    263 La. 368
    Mrs. Iris BOSCH, wife of and Raul J. VIERA v. KWIK HOME SERVICES, INC., et al.
    No. 52939.
    Supreme Court of Louisiana.
    Nov. 16, 1972.
   In re: Mrs. Iris Bosch, wife of and Raul J. Viera applying for Certiorari, or writ of review, to the Court of Appeal, Fourth Circuit, Parish of Orleans. 266 So.2d 732.

Writ refused. The present judgment is not final, and we defer our ruling as to the correctness thereof.

BARHAM, J.,

is of the opinion the writ should be granted. There is a conflict between circuits as to whether á reconvention based on libel contained in the main demand is permitted. For that reason and further believing the ruling here is incorrect we should grant the writ.

DIXON, J.,

dissents from the refusal. The judgment of the court of appeal is wrong and the plaintiff will suffer irreparable injury in defending a reconven-tional demand which could not stand, even if successful in the trial court.

TATE, J., joins in reasons of BARHAM and DIXON, JJ., for granting a writ.  