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MARTIN v. KROGER CO.

No. 29915-CA.

702 So.2d 347 (1997)

Lisa MARTIN, et al., Plaintiff-Appellant, v. KROGER COMPANY, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied December 4, 1997.

Attorney(s) appearing for the Case

Patricia A. Miramon, Shreveport, for Plaintiff-Appellant.

Mayer, Smith & Roberts by Caldwell Roberts, Jr., Shreveport, for Defendant-Appellee.

Before NORRIS, WILLIAMS and STEWART, JJ.

WILLIAMS, Judge.

The plaintiffs, Lisa and Randy Martin, appeal the trial court's judgment in favor of defendant, The Kroger Company. The trial court sustained defendant's exception of prescription, finding that the plaintiffs failed to comply with the facsimile filing requirements of LSA-R.S. 13:850, and that their petition for damages was not timely filed. For the following reasons, we affirm.

FACTS

On April 12, 1993, the plaintiff, Lisa Martin...

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