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FUST v. FONTENELLE

No. 89-CA-1294.

558 So.2d 715 (1990)

Darleen FUST, et al. v. Herman L. FONTENELLE, M.D., et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied April 19, 1990.

Attorney(s) appearing for the Case

R. Ray Orrill, Jr., Robert F. Shearman, Orrill & Shearman, New Orleans, for plaintiffs, appellants.

H. Martin Hunley, Jr., C. Wm. Bradley, Jr., Lemle, Kelleher, Kohlmeyer, Dennery, Hunley, Moss & Frilot, New Orleans, for defendant, appellee St. Paul Fire and Marine Ins. Co.

Before BARRY and WILLIAMS, JJ., and PRESTON H. HUFFT, J. Pro Tem.

BARRY, Judge.

Mr. and Mrs. George Fust appeal a judgment which maintains St. Paul Fire & Marine Insurance Company's exception of res judicata and the denial of a new trial.

PROCEDURAL HISTORY

On January 2, 1980 Mr. and Mrs. Fust, Sr., individually and on behalf of their minor son, George Fust, Jr., filed suit in federal district court. By complaint and amended complaint they sued Dr. Herman Fontenelle, his medical corporation, and his...

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