Supreme Court of Louisiana, 1976

Duhon v. Saloom

Supreme Court of Louisiana · Decided February 6, 1976 · Calogero, Dennis, Dixon, Granted, Should

325 So. 2d 794; 1976 La. LEXIS 4766 (Southern Reporter, Second Series)

Dissenting Opinion

DIXON, J.,

is of the opinion the Court of Appeal has misinterpreted Babineaux v. Pernie-Bailey Drilling Co., 261 La. 1080, 262 So.2d 328 and the factual issue on the *795plea of prescription should have been submitted to the jury.

CALOGERO, J., is of the opinion this writ should be granted. DENNIS, J., is of the view that writ should be granted.

Opinion of the Court

In re Anna Mae Bower Duhon applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit, Parish of Lafayette, 323 So.2d 202.

Writ refused. On the facts found by the Court of Appeal, the result is correct.

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