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MIRAMBELL v. LUCIEN J. CARUSO, INC.

No. 10011.

365 So.2d 1196 (1979)

Cynthia MIRAMBELL et al. v. LUCIEN J. CARUSO, INC., et al.

Court of Appeal of Louisiana, Fourth Circuit.

January 9, 1979.

Attorney(s) appearing for the Case

Clydia A. Davenport, New Orleans, for plaintiffs.

Paul V. Cassisa, Joseph S. Palermo, Jr., Bernard, Cassisa, Babst & Saporito, Metairie, for defendant First Nat. Mortgage Corp.

Daniel J. Caruso, Alford & Caruso, New Orleans, for defendant Lucien J. Caruso, Inc.

Before SAMUEL, REDMANN and STOULIG, JJ.

REDMANN, Judge.

One of two defendants pleaded an exception of prescription and the trial court by mistake maintained the plea as to both on February 15,1978. At 11:07 a. m. February 23 the second defendant for the first time filed an exception of prescription, apparently in ignorance of the February 15 judgment. (That plea of prescription did not make the present brief's assertion that defendant filed its plea "recognizing that the judgment of February 15, 1978 was...

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