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BILLIOT v. AMERICAN HOSP. SUPPLY CORP.

No. 83-3260 Summary Calendar.

721 F.2d 512 (1983)

Mrs. Sandra A. BILLIOT, Plaintiff-Appellant, v. AMERICAN HOSPITAL SUPPLY CORPORATION, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 16, 1984.

Attorney(s) appearing for the Case

Bruno & Bruno, Joseph M. Bruno, New Orleans, La., for plaintiff-appellant.

Hammett, Leake & Hammett, New Orleans, La., for defendants-appellees.

Adams & Reese, Albert S. Dittmann, Jr., Harold A. Thomas, New Orleans, La., for Pollack.

Before BROWN, TATE and HIGGINBOTHAM, Circuit Judges.

TATE, Circuit Judge:

Pursuant to Fed.R.Civ.P. 54(b) certification, the plaintiff appeals from the dismissal as prescribed of her Louisiana diversity suit against a doctor. The district court held that the suit was time-barred by the prescriptive period applicable to medical malpractice suits. La.R.S. 9:5628 (1975). Subsequent to the district court's decision, a Louisiana intermediate court reached an opposite conclusion based upon Louisiana statute and decisions....

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