COHEN v. AUDUBON CONST. CORP.

No. 11737.

404 So.2d 528 (1981)

Stanley COHEN, M. D. and Louis Kenneth Cohen, M. D. a Professional Medical Corporation v. AUDUBON CONSTRUCTION CORPORATION.

Court of Appeal of Louisiana, Fourth Circuit.

September 14, 1981.


Attorney(s) appearing for the Case

Steeg & O'Connor, Randy Opotowsky, New Orleans, for plaintiffs-appellants.

Dodge, Friend, Wilson & Spedale, Joseph E. Friend, New Orleans, for defendant-appellee.

Before SAMUEL, SCHOTT and GARRISON, JJ.


GARRISON, Judge.

This is an appeal from a judgment of the district court dismissing plaintiff's suit to compel arbitration on a construction contract. The judgment contains a statement that the case was dismissed on an exception of no right of action. The reasons for judgment, however, refer to an exception of prescription.

Plaintiffs contend that the question of prescription must be decided by the arbitrator and not by the court. They rely on jurisprudence...

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