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HILBUN v. GOLDBERG

No. 86-3500.

823 F.2d 881 (1987)

Bernetta HILBUN, Plaintiff-Appellee, v. David J. GOLDBERG, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 10, 1987.

Attorney(s) appearing for the Case

DeRussy, Bezou, Matthews & Soloman, Jacques F. Bezou, New Orleans, La., for defendant-appellant.

Redmann & Fonte, Kenneth C. Fonte, Metairie, La., for plaintiff-appellee.

Before RUBIN, GARZA, and JONES, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

An auctioneer and onetime vice-president of an auction house appeals a jury verdict of tortious conversion, claiming that under Louisiana law, which governs the action against him, the cause of action had prescribed before the suit was filed. We find that, when an earlier action was dismissed under Fed.R.Civ.P. 41(b) for failure to prosecute it, the interruption of prescription effected by filing the action was annulled, so that prescription...

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