HENSGENS v. DEERE & CO.

No. 88-4396.

869 F.2d 879 (1989)

Elizabeth M. HENSGENS, Individually, Etc., et al., Plaintiffs-Appellants, v. DEERE & COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied May 12, 1989.


Attorney(s) appearing for the Case

Leslie J. Schiff, Sandoz, Sandoz & Schiff, Opelousas, La., for plaintiffs-appellants.

James T. Guglielmo, Charles M. Jarrell, Opelousas, La., for amicus curiae Schiff, Sandoz, et al.

L. Lane Roy, Roy & Hattan, Lafayette, La., for defendant-appellee.

John E. McElligott, Jr., Kyle L. Gideon, Davidson, Meaux, Sonnier & McElligott, Lafayette, La., for amicus curiae Gueydan Tractor, etc.

Before WISDOM, GARWOOD, and JOLLY, Circuit Judges.


Rehearing and Rehearing En Banc Denied May 12, 1989.

WISDOM, Circuit Judge:

In this case the original complaint named John Deere Corporation as the defendant. The defendant's correct corporate name is Deere & Company. This misnomer raises the question whether under Louisiana law the complaint, timely filed in a court of competent jurisdiction and venue, interrupted the one-year liberative prescription applicable to delictual actions. We conclude...

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