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FRAIN v. CITY OF BATON ROUGE

No. 97 CW 0868.

704 So.2d 1276 (1997)

Carol S. Cox FRAIN v. CITY OF BATON ROUGE-Parish of East Baton Rouge and The State of Louisiana Through the Department of Transportation and Development.

Court of Appeal of Louisiana, First Circuit.

December 29, 1997.

Attorney(s) appearing for the Case

Amy E. Counce, Baton Rouge, for Carol S. Cox Frain.

Frank J. Gremillion, Baton Rouge, for City of Baton Rouge—Parish of East Baton Rouge.

Dorothy E. Jackson, Baton Rouge, for State of Louisiana Through the Department of Transportation and Development.

Before LeBLANC and FITZSIMMONS,, JJ., and CHIASSON, J. Pro Tem.

LeBLANC, Judge.

This is an appeal by the defendants, the City of Baton Rouge and East Baton Rouge Parish, of the trial court's refusal to dismiss the plaintiff's action despite that plaintiff had failed to request service on the defendants within the time allowable by law. At issue is the applicability of La. R.S. 13:5107(D), added by amendment by Acts 1996, 1st Ex.Sess., No. 63, § 1, effective 5/9/96, which requires a plaintiff to take action toward service...

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