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BOLDEN v. DUNAWAY

No. 97 CA 1425.

727 So.2d 597 (1998)

Carla BOLDEN and Juan Bolden v. Heber E. DUNAWAY, Jr.

Court of Appeal of Louisiana, First Circuit.

Writ Denied March 26, 1999.

Attorney(s) appearing for the Case

Roy Maughan, Baton Rouge, Louisiana, for plaintiffs-appellees Carla Bolden and Juan Bolden.

Janie E. Languirand, Baton Rouge, Louisiana, for defendant-appellant Heber E. Dunaway, Jr.

BEFORE: CARTER, GONZALES, WHIPPLE and FITZSIMMONS, JJ., and CHIASSON, J. Ad Hoc.

REMY CHIASSON, Judge Ad Hoc.

The sole issue in this appeal is whether plaintiffs have stated a cause of action that is subject to the provisions of the Medical Malpractice Act, La.R.S. 40:1299.41 et seq. Because we conclude they have not, we reverse the judgment of the trial court denying defendant's exception of prematurity and grant the exception of prematurity as to plaintiffs' malpractice claims.

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