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HALL v. FERTILITY INSTITUTE OF NEW ORLEANS

No. 94-CA-1135.

647 So.2d 1348 (1994)

Mary Alice HALL, Testamentary Executrix of the Succession of Barry Stephen Hall v. FERTILITY INSTITUTE OF NEW ORLEANS, a PROFESSIONAL CORPORATION.

Court of Appeal of Louisiana, Fourth Circuit.

December 15, 1994.

Attorney(s) appearing for the Case

Jeanmarie LoCoco Nicholson, Cecily Salter Salley, New Orleans Ass'n for Women Attys., New Orleans, amicus curiae.

Charles A. Boggs, Betty P. Westbrook, Boggs, Loehn & Rodrigue, Walter C. Thompson, Jr., Barkley & Thompson, L.C., New Orleans, for defendant/appellant.

A.D. Freeman, A. Albert Ajubita, Byron Ann Cook, New Orleans, for plaintiff/appellee.

Before WARD, JONES and WALTZER, JJ.

WALTZER, Judge.

STATEMENT OF THE CASE

Mary Alice Hall ("Executrix" hereinafter), the duly appointed testamentary executrix of the Succession of her son, Barry S. Hall, sued the Fertility Institute of New Orleans ("Institute" hereinafter) for a declaratory judgment declaring Hall's frozen semen on deposit with the Institute to be Succession property; alternatively asking that the material be destroyed; and for temporary, preliminary and ultimately...

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