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AFCO STEEL, INC. v. TOBI ENGINEERING, INC.

No. 89-4675 Summary Calendar.

893 F.2d 92 (1990)

AFCO STEEL, INC., Plaintiff-Appellant, v. TOBI ENGINEERING, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 2, 1990.

Attorney(s) appearing for the Case

F. Rae Swent, Provosty, Sadler & deLaunay, Alexandria, La., for plaintiff-appellant.

Russell L. Potter, Andrew P. Texada, Stafford, Stewart & Potter, Alexandria, La., for defendant-appellee.

Before GEE, WILLIAMS and DUHE, Circuit Judges.

PER CURIAM:

This Louisiana diversity case concerns the running of prescription against an out of state vendor corporation in a redhibitory action. It presents for decision the question whether the third paragraph of La.Civ.Code art. 2534 suspends the running of prescription in such action against an out of state corporation vendor never present in the state. The district court held that prescription is not suspended and granted defendant's summary judgment motion...

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