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GRAYSON v. STATE EX REL. DEPT. OF HEALTH & HOSP.

No. 98-CA-0455.

722 So.2d 1162 (1998)

Charlene Van Natta GRAYSON v. The STATE of Louisiana ex rel., the DEPARTMENT OF HEALTH AND HOSPITALS, et al.

Court of Appeal of Louisiana, Fourth Circuit.

Writ Denied February 12, 1999.

Attorney(s) appearing for the Case

Scott Labarre, Gauthier, Downing, Labarre, Beiser & Dean, Metairie, for Plaintiff-Appellant.

Craig R. Nelson, Christina P. Fay, Ward, Nelson & Pelleteri, New Orleans, for Defendant-Appellee.

Before BARRY, KLEES, PLOTKIN, JONES and LANDRIEU, JJ.

PLOTKIN, Judge.

The issue presented by this appeal is whether or not the trial court erred when it granted the Attorney General's motion for summary judgment predicated on the constitutionality of La. R.S. 9:2798.1. We hold that the trial court erred in granting summary judgment because the issue of whether or not La. R.S. 9:2798.1 is constitutional is premature.

PROCEDURAL HISTORY:

Mrs. Charlene Grayson's cause of action is for the...

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