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McLAUGHLIN v. HERMAN & HERMAN

No. 83-3023.

729 F.2d 331 (1984)

Bernard McLAUGHLIN, Plaintiff-Appellant Cross-Appellee, v. HERMAN & HERMAN, Defendant-Appellee, and Lanny R. Zatzkis, Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

April 6, 1984.

Attorney(s) appearing for the Case

J. Courtney Wilson, New Orleans, La., for McLaughlin.

Lemle, Kelleher, Kohlmeyer & Matthews, H. Martin Hunley, Jr., C. William Bradley, Jr., New Orleans, La., for Herman & Herman.

Fawer, Brian, Hardy & Zatzkis, Lynne W. Wasserman, Francis R. White, III, Jerome K. Lipsich, Jack M. Alltmont, New Orleans, La., for Lanny Zatzkis.

Before CLARK, Chief Judge, BROWN and HIGGINBOTHAM, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

This is a Louisiana diversity suit alleging legal malpractice. The plaintiff filed suit more than one year but less than ten years after discovering the alleged acts of malpractice. The District Court dismissed the suit by summary judgment, holding that the one year prescription for tort actions applied to legal malpractice claims, and therefore the action had prescribed. Because we agree that the one year prescriptive period for torts...

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