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HOGG v. CHEVRON USA, INC.

Nos. 2009-CC-2632, 2009-CC-2635.

45 So.3d 991 (2010)

David HOGG, John Hogg, George Hogg, III, Stephen Hogg and Sandra Defreese Hogg v. CHEVRON USA, INC. f/k/a Gulf Oil Company, E. Lee Young and E. Lee Young and Company, Inc., William Burt and ABC Insurance Company.

Supreme Court of Louisiana.

Rehearing Denied September 3, 2010.

Attorney(s) appearing for the Case

Oscar Price Barnes, III , for Applicant in No. 2009-CC-2632.

Barham, Warner & Bellamy, LLC, Richard G. Barham , Shreveport; Kean, Miler, Hawthorne, D'Armond, McCowan & Jarman, Leonard Louis Kilgore, III , Richard D. McConnell, Jr. , Baton Rouge; Nalley & Dew, Dona Jeanne Dew, George J. Nalley, Jr. , Metairie; Shotwell, Brown & Sperry, Clarence Allan Martin, III , Monroe, for Respondent in No. 2009-CC-2632.

Kean, Miller, Hawthorne, D'Armond, McCowan & Jarman, Leonard Louis Kilgore, III , Richard D. McConnell, Jr. , Baton Rouge; Shotwell, Brown & Sperry, Clarence Allan Martin, III , Monroe, for Applicant in No. 2009-CC-2635.

Oscar Price Barnes, III ; Barham, Warner & Bellamy, LLC, Richard G. Barham , Shreveport; Nalley & Dew, George J. Nalley, Jr. , Dona Jeanne Dew, Metairie, for Respondent in No. 2009-CC-2635.

WEIMER, Justice.1

We granted certiorari in this case to determine whether the plaintiffs' claims for damages to their immovable property resulting from the migration of gasoline from formerly leaking underground storage tanks located on neighboring property are prescribed. Finding that plaintiffs acquired constructive knowledge of the damage to their property more than one year prior to the institution of suit and that the doctrine of...

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