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POTIER v. COMMISSIONER OF INS.

No. 98 CA 1063.

753 So.2d 305 (1999)

Darryl H. POTIER, et al. v. COMMISSIONER OF INSURANCE, et al.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied December 30, 1999.

Writ Denied April 20, 2000.

Attorney(s) appearing for the Case

Anthony M. Fazzio, Lafayette, Edward J. Walters, Jr., Baton Rouge, for Plaintiffs-Appellants Darryl H. Potier, et al. and Appellant Anthony M. Fazzio.

Stephanie B. Laborde, Angela Adolph, Baton Rouge, for Defendants-Appellees Louisiana Patient's Compensation Fund Oversight Board, et al.

E. Barton Conradi, Baton Rouge, for Defendant-Appellee Commissioner of Insurance.

Before: CARTER, C.J., LeBLANC, and PETTIGREW, JJ.

PETTIGREW, J.

Plaintiffs in the instant suit for injunctive relief are claimants in a pending malpractice lawsuit. The instant case presents the res nova issue of whether the Louisiana Patient's Compensation Fund may expend trust fund money to affect issues of liability between claimants and a health care provider in the malpractice action prior to a judgment, settlement, or arbitration award. Based upon its finding that the Patient's Compensation Fund "is...

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