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MARTIN v. MID-SOUTH TANK UTILITIES CO.

No. 92-CA-1636.

614 So.2d 319 (1993)

Edna R. MARTIN, et al. v. MID-SOUTH TANK UTILITIES COMPANY, et al.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Denied April 23, 1993.

Attorney(s) appearing for the Case

Daniel Frazier, Jr., Marrero, for plaintiffs-appellants Edna Martin, et al.

Delores B. Vanison, Asst. City Atty., George A. Blair, III, Deputy City Atty., Brett L. Prendergast, Chief of Civ. Litigation, Kathy L. Torregano, Chief Deputy City Atty., William D. Aaron, Jr., City Atty., New Orleans, for defendant-appellee City of New Orleans.

Anthony J. Livaccari, Jr., New Orleans, for defendant-appellee Mid-South Tank and Utilities Co.

Jacob Taranto, III, and John D. Lambert, Jr., New Orleans, for defendant-appellees Sewerage & Water Bd. of New Orleans.

Before KLEES, CIACCIO and WALTZER, JJ.

KLEES, Judge.

Class action plaintiffs appeal the dismissal of their suit on an exception of prescription. This court must determine whether the trial court erred in maintaining the exception of prescription at a preliminary status conference, without affording plaintiffs an opportunity for a full evidentiary hearing.

Plaintiffs filed suit in June 1989, alleging that defendants' sand blasting operations on an Algiers...

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