BREAUX v. VICKNAIR

No. 86-CA-432.

506 So.2d 124 (1987)

Jerry A. BREAUX, Sr. v. Nolan VICKNAIR and Eymard Machine Shop, Inc.

Court of Appeal of Louisiana, Fifth Circuit.

March 20, 1987.


Attorney(s) appearing for the Case

Robert J. Caluda, New Orleans, for plaintiff-appellant Jerry A. Breaux, Sr.

Randolph J. Waits, Charles N. Branton, New Orleans, for defendant-appellee St. Paul Fire and Marine Ins. Co.

Harry D. Hoskins, III, New Orleans, for defendant-appellee Nolan Vicknair.

Before KLIEBERT, BOWES and GAUDIN, JJ.


GAUDIN, Judge.

Is Louisiana's one-year tort prescription interrupted by the filing of a suit in federal court and the attempt to have service made pursuant to Federal Rule of Civil Procedure 4(c)(2)(C)(ii)?

Jerry A. Breaux was injured on January 11, 1984 and he filed suit in the United States District Court, Eastern District of Louisiana, on December 3, 1984. According to the above cited federal procedural rule, a copy of the pleading, along with a form entitled...

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