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HENSON v. ST. PAUL FIRE & MARINE INS. CO.

No. 11648.

354 So.2d 612 (1977)

Louis HENSON, Plaintiff-Appellant, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Defendant-Appellee.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied February 13, 1978.

Writ Granted March 31, 1978.

Attorney(s) appearing for the Case

David C. Kimmel, Baton Rouge, of counsel for plaintiff-appellant Louis Henson.

Donald S. Zuber, Baton Rouge, of counsel for defendant-appellee St. Paul Fire & Marine Ins. Co.

Before LANDRY, SARTAIN and ELLIS, JJ.

SARTAIN, Judge.

Plaintiff, Louis Henson, brought this suit against defendant, St. Paul Fire and Marine Insurance Co., as the insurer of Dr. Robert A. Peden. Plaintiff alleged that Peden negligently injured him during surgery on July 5, 1973. Suit was filed on February 19, 1976. Defendant interposed the peremptory exception of prescription. No evidence was received on the exception, the defendant choosing to rely solely on the allegations of plaintiff's petition which...

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