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SPENCER v. BURGLASS

No. 5962.

288 So.2d 68 (1974)

Rowena SPENCER, M.D. v. Harry A. BURGLASS, Esq.

Court of Appeal of Louisiana, Fourth Circuit.

January 8, 1974.

Attorney(s) appearing for the Case

Michael H. Bagot, John McGuckin, Jr., George M. Leppert, New Orleans, for plaintiff-appellant.

Harry A. Burglass, Metairie, for defendant-appellee.

Before REDMANN and STOULIG, JJ., and FLEMING, J. Pro Tem.

REDMANN, Judge.

To a physician's tort suit alleging defendant attorney at law had both filed and tried a medical malpractice suit without (as we construe the allegations) ever having any medical expert evidence of malpractice, defendant filed an exception of no cause of action, asserting as a defect the petition's failure to allege malice.

Judgment below maintained that exception, while granting 15 days "to...

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