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LEON v. MOORE

No. 98 CW 1792.

731 So.2d 502 (1999)

Dina Ann Moore LEON, Faith B. Kennedy, on Behalf of Tonya Faith Moore, Nita Elizabeth Moore Pankin and Madeline Odell Moore Thompson v. Berkley Rhorer MOORE, Richard S. Rhorer, Rhorer Mutual Industries, Inc., and R.J. Calogne, Jr.

Court of Appeal of Louisiana, First Circuit.

April 1, 1999.

Attorney(s) appearing for the Case

Whit M. Cook, II, Baton Rouge, LA, Counsel for Plaintiffs/Appellees, Dina Ann Moore Leon, Faith B. Kennedy, on behalf of Tonya Faith Moore, Nita Elizabeth Moore Pankin and Madeline Odell Moore Thompson.

James E. Toups, Baton Rouge, LA, Counsel for Defendant/Appellant, Berkley Rhorer Moore.

Ralph E. Hood, Baton Rouge, LA, Counsel for Richard S. Rhorer and Rhorer Mutual Industries, Inc. and Mr. R.J. Calogne, Jr.

BEFORE: LeBLANC, FOGG, PARRO, KUHN AND PETTIGREW, JJ.

LeBLANC, J.

In this application for supervisory writs, we granted certiorari to determine whether the trial court erred in not finding that res judicata barred plaintiffs' action for damages and denying defendant's peremptory exception raising the objection of res judicata.

On September 11, 1996, plaintiffs, the four daughters of the late Anthony H. Moore, Jr. (the decedent), who are also residual legatees, filed a petition for damages against Berkley Rhorer...

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