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PICONE v. LYONS

No. 90-CA-0991.

593 So.2d 829 (1992)

Earl H. PICONE v. Bernard LYONS, et al.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Granted April 3, 1992.

Attorney(s) appearing for the Case

William F. Bologna, Habans, Bologna & Carriere, New Orleans, for Pauli & Griffin, Inc.

Susan Stagg Robinson, LaBorde & Neuner, Lafayette, for Sandair Corp.

Lawrence J. Centola, Jr., Carrie A. Jourdan, Hoffman, Sutterfield, Ensenat & Bankston, New Orleans, for Mine Safety Appliances Co.

Gary M. Zwain, Elizabeth D. Mackay, Duplass, Witman, Zwain & Williams, Metairie, for Pulmosan Safety Equipment Corp.

Patrick H. Hanna, Rebecca F. Doherty, Onebane, Donohoe, Bernard, Torian, Diaz, McNamara & Abell, Lafayette, for Lone Star Industries.

W. Gregory Merritt, Scott E. Silbert, Lombard & Silbert, Metairie, for Mud & Chemical Co. and Mayrone Enterprises, Inc.

John E. Galloway, John J. Erny, III, Milton L. LeBlanc, Jr., Galloway, Johnson, Tompkins & Burr, New Orleans, for Mississippi Valley Silica.

Herbert W. Barnes, Samanie, Barnes & Allen, Houma, for Earl H. Picone.

Craig R. Nelson, Christina P. Fay, Hulse, Nelson & Wanek, New Orleans, for Clemco Industries, Inc.

Before KLEES and WARD, JJ., and HUFFT, J. Pro Tem.

WARD, Judge.

Earl H. Picone appeals a decision of the trial court that sustained a peremptory exception of prescription filed by nine defendants. Those defendants were named as parties to this lawsuit in an amended petition almost 12 years after the first petition was filed by Picone, and the trial court held that the amended petition was not timely filed.

On September 28, 1976, Earl H. Picone filed his first petition in the Civil District Court, alleging...

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