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HEBERT v. COURNOYER OLDSMOBILE-CADILLAC-GMC, INC.

No. 12308.

405 So.2d 359 (1981)

Raymond J. HEBERT v. COURNOYER OLDSMOBILE-CADILLAC-GMC, INC. et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearings Denied November 9, 1981.

Attorney(s) appearing for the Case

Gordon Hackman, Boutte, for plaintiff-appellant.

Sessions, Fishman, Rosenson, Boisfontaine & Nathan, Jack M. Alltmont, New Orleans, for Cournoyer Oldsmobile-Cadillac-GMC, Inc.

Bernard, Cassisa, Babst & Saporito, Stephen N. Elliott, Metairie, for General Motors Corp.

Before REDMANN, SCHOTT and KLEES, JJ.

REDMANN, Judge.

Plaintiff appeals from the dismissal of his damage action on exception of prescription. The question is whether under La.C.C. 3519 the interruption of prescription by an earlier lawsuit "is considered as never having happened" when the judgment dismissing the earlier suit "without prejudice" (a few days before this suit was filed) is prefaced "after hearing ... stipulation by and between counsel ...," indicating a stipulation for a dismissal without...

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