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WHITNELL v. SILVERMAN

Nos. 93-CA-2468, 94-CA-0343.

646 So.2d 989 (1994)

Lorraine S. WHITNELL, Wife of/and James Whitnell, v. Dr. Arthur SILVERMAN. Lorraine S. WHITNELL, Wife of/and James Whitnell, v. Dr. Arthur SILVERMAN, Dr. John G. Menville, et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied December 13, 1994.

Writ Granted February 3, 1995.

Attorney(s) appearing for the Case

Russ M. Herman, Mark R. Wolfe, Charles O. Taylor, Herman, Herman, Katz & Cotlar, New Orleans, for plaintiffs/appellants.

Chester A. Fleming, III, Ralph T. Rabalais, Boggs, Loehn & Rodrigue, New Orleans, for defendant/appellee.

Richard Ieyoub, Atty. Gen., C.T. Williams, Jr., J. Elliott Baker, Blue Williams, L.L.P., Metairie, for defendant/appellant.

Before KLEES, JONES and WALTZER, JJ.

WALTZER, Judge.

This is an appeal from a July 2, 1993 judgment of the district court providing as follows:

IT IS ORDERED, ADJUDGED AND DECREED that R.S. 9:5628 is found to be unconstitutional in certain circumstances as set forth in the accompanying reasons for judgment, but insofar as it applied to the claims of the plaintiffs, Lorraine S. Whitnell and James Whitnell, R.S. 9:5628 is constitutional.

The trial court's lengthy reasons for judgment...

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