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STELLY v. GERBER PRODUCTS COMPANY

No. 6249.

299 So.2d 529 (1974)

Mr. and Mrs. Vincent STELLY, Individually, and on behalf of Madonna Lee Stelly, minor child v. GERBER PRODUCTS COMPANY.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied September 10, 1974.

Writ Refused November 15, 1974.

Attorney(s) appearing for the Case

C. Ellis Henican, Andrew I. Brown, Henican, James & Cleveland, New Orleans, for plaintiffs-appellants.

Jerry A. Brown, J. Wayne Anderson, Monroe & Lemann, New Orleans, for defendant-appellee.

Before REDMANN, GULOTTA and MARCEL, JJ.

REDMANN, Judge.

This appeal from dismissal on exception of prescription argues that a baby food manufacturer, because of its implicit warranty of wholesomeness of its products, has a quasi-contractual obligation towards the ultimate consumer, and that a claim for damages for breach of that warranty and obligation is prescribed not by La.C.C. art. 3536's one-year prescription for "offenses and quasi-offenses" (tort), but by art. 3544's ten-year prescription for all...

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