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STATE EX REL. GOVERNOR'S SP. COM'N ON EDUC. SERVS. v. DEAR

No. 88-CA-283.

532 So.2d 902 (1988)

STATE of Louisiana Through GOVERNOR'S SPECIAL COMMISSION ON EDUCATION SERVICES v. Kim B. DEAR.

Court of Appeal of Louisiana, Fifth Circuit.

October 12, 1988.

Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Thomas S. Halligan, Asst. Atty. Gen., Louisiana Dept. of Justice, Baton Rouge, for plaintiff-appellant.

Hannan, Drake & Giusti, C. Lee Drake, Metairie, for defendant-appellee.

Before CHEHARDY, C.J., and KLIEBERT and GRISBAUM, JJ.

CHEHARDY, Chief Judge.

This is a suit on a promissory note, in which the defendant's exception of prescription was upheld by the district court. The plaintiff appeals.

The plaintiff is the State of Louisiana through the Governor's Special Commission on Education Services, which guaranteed a student loan taken out by defendant, Kim B. Dear. When Dear failed to maintain payments on the loan, pursuant to its guarantee the Commission repaid the lender and acquired...

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