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STATE THROUGH DHHR IN INT. OF DUBROC v. COLE

No. 84-15.

460 So.2d 100 (1984)

STATE of Louisiana, Through DHHR, in the Interest of Johnny DUBROC, Plaintiff-Appellant, v. Johnny COLE, Sr., Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

December 12, 1984.

Attorney(s) appearing for the Case

Carl Koehler, Alexandria, for plaintiff-appellant.

George L. Higgins, III, Pineville, for defendant-appellee.

Before FORET, CUTRER and CULPEPPER JJ.

FORET, Judge.

The plaintiff, State of Louisiana, through the Department of Health and Human Resources (DHHR) has appealed the dismissal of its suit against the defendant, Johnny Cole, Sr. by the granting of an exception of prescription filed by the defendant. The issues presented by DHHR in this appeal are:

(1) Is LSA-C.C. Art. 209 controlling in this suit; (2) Is the equitable principle of laches applicable...

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