SHOTTS v. DOE

No. 8186.

347 So.2d 318 (1977)

Ruth Brockhoff SHOTTS et al. v. John DOE et al.

Court of Appeal of Louisiana, Fourth Circuit.

June 7, 1977.


Attorney(s) appearing for the Case

Wendell H. Gauthier, Robert M. Murphy, Gauthier & Murphy, New Orleans, for plaintiffs-appellants.

William F. Bologna, McGlinchey, Stafford, Mintz & Hoffman, New Orleans, for defendants-appellees.

Before REDMANN, GULOTTA and BEER, JJ.


REDMANN, Judge.

Plaintiffs appeal from the dismissal on exception of prescription of their tort action against persons not joined as defendants until after the tort prescription period of one year.

In their timely original petition, plaintiffs listed admittedly fictitious names, and no others, as defendants. Plaintiffs did describe the fictitious defendants as their decedent's fellow-employees of Continental Grain Company, and plaintiffs argue that this naming...

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