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ADAMO v. GIVENS

No. 77-1529 Summary Calendar.

557 F.2d 505 (1977)

George ADAMO, Individually, and as Administrator of the Estate of his minor children, Sandra, Tammy, Nancy, and Danny Adamo, Plaintiff-Appellant, v. Dr. Thomas GIVENS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 12, 1977.

Attorney(s) appearing for the Case

Larry P. Boudreaux, Thibodaux, La., for plaintiff-appellant.

Albert H. Hanemann, Jr., New Orleans, La., for defendant-appellee.

Before AINSWORTH, MORGAN and GEE, Circuit Judges.

PER CURIAM:

Appellant George Adamo brought this action seeking damages from Dr. Thomas Givens for allegedly causing the death of Mrs. Adamo through malpractice. The district judge ruled that Adamo's action was foreclosed by the running of the one-year prescriptive period of La.Civ.Code art. 3536. Adamo does not dispute that if Louisiana law controls this case that art. 3536 applies and he is foreclosed. Adamo urges, however, that Louisiana jurisprudence requires inquiry...

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