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JULIEN v. WAYNE

No. 14879.

415 So.2d 540 (1982)

Succession of George E. JULIEN v. James A. WAYNE.

Court of Appeal of Louisiana, First Circuit.

May 25, 1982.

Attorney(s) appearing for the Case

C. Ellis Henican, Henican, James & Cleveland, New Orleans, for plaintiff-appellant.

Alan J. Robert, Gonzales, for defendant-appellee.

D. Mark Bienvenu, Voorhies & Labbe, Lafayette, for C. Ellis Henican, defendant-in-reconvention-appellant.

Before LOTTINGER, EDWARDS and SHORTESS, JJ.

LOTTINGER, Judge.

Mrs. Mary Barra, widow of George E. Julien and the administratrix of his estate, on behalf of the decedent's succession filed a petition entitled, "Petition for Return of Funds with Accounting" against her former attorney, James A. Wayne. The trial court sustained an exception of prescription, and plaintiff has appealed.

It is the characterization of this action and the applicable prescriptive period which is at issue on this appeal.

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