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LA. HEALTH SERV. & INDEM. CO. v. McNAMARA

No. CA 88 0481.

547 So.2d 1071 (1989)

LOUISIANA HEALTH SERVICE & INDEMNITY COMPANY d/b/a Blue Cross of Louisiana v. Shirley McNAMARA, Secretary to the Department of Revenue and Taxation, State of Louisiana.

Court of Appeal of Louisiana, First Circuit.

Rehearing Granted in Part and Denied in Part August 1, 1989.

Attorney(s) appearing for the Case

David G. Radlauer, New Orleans, for plaintiff-appellant, Louisiana Health Service and Indem. Co., d/b/a Blue Cross of Louisiana.

Mary Arceneaux, Baton Rouge, amicus curiae, Louisiana Bankers Association.

Daryl Manning, Baton Rouge, for defendant-appellee, Shirley McNamara, Secretary of the Dept. of Revenue and Taxation, State of La.

Before CARTER, LANIER and LeBLANC, JJ.

LeBLANC, Justice.

The dispositive issue in this suit for declaratory judgment is whether the ten year prescriptive period provided for personal actions in La.Civ.Code art. 35441 is applicable to the claims at issue herein.

In its written reasons for judgment, the trial court explained the background of this matter as follows:

This is a case involving the Uniform Disposition of Unclaimed Property Act, LSA-R.S. 9:151 et...

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