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FIDELITY & DEPOSIT CO. OF MARYLAND v. SMITH

No. 82-3655.

730 F.2d 1026 (1984)

FIDELITY & DEPOSIT CO. OF MARYLAND, Plaintiff-Appellant, v. Harold J. SMITH, Jr., Defendant-Third Party Plaintiff, Appellee-Appellant, v. KESSLER-BODENHEIMER, et al., Third Party Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 22, 1984.

Attorney(s) appearing for the Case

Eugene R. Preaus, Virginia N. Roddy, New Orleans, La., Fidelity & Deposit Co. of Maryland.

John D. Lambert, Jr., New Orleans, La., for Smith.

James Ryan, III, Peter S. Title, New Orleans, for Kessler-Bodenheimer.

Before WISDOM, REAVLEY and JOHNSON, Circuit Judges.

WISDOM, Circuit Judge:

In this diversity action controlled by Louisiana law, Fidelity and Deposit Company of Maryland appeals from the grant of a summary judgment in favor of Harold Smith based on the one-year prescriptive period for offenses and quasi-offenses. Smith appeals from the denial, also for prescription, of his third-party action for defamation against his former employer, Kessler-Bodenheimer, Inc. This appeal raises two issues. The first is the prescriptive...

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