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DUHON v. BOUSTANY

No. 3149.

239 So.2d 180 (1970)

Valliet DUHON, Plaintiff and Appellant, v. Michael BOUSTANY, M.D. and Richard G. Saloom, M.D., Defendants and Appellees.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied September 29, 1970.

Attorney(s) appearing for the Case

Pugh, Buatt, Landry & Pugh, by Lawrence G. Pugh, Jr., Crowley, for plaintiff-appellant.

Nelson, Ormand & Nelson, by Michael A. Dessommes, New Orleans, for defendant-appellee.

Bienvenu & Culver, by A. William Mysing, Jr., New Orleans, Kaliste, J. Saloom, Jr., Lafayette, for defendant-appellee.

Before FRUGÉ, SAVOY and CULPEPPER, JJ.

CULPEPPER, Judge.

This is a medical malpractice suit. Plaintiff alleges that negligent treatment by the two defendant doctors necessitated the amputation of his left leg. Defendants' motion for summary judgment, based on the prescription of one year, was granted and plaintiff's suit dismissed. Plaintiff appealed.

Plaintiff contends: (1) A motion for summary judgment cannot be based on a plea of prescription. (2) There are genuine issues of material fact. ...

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