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PROSTAR v. MASSACHI

No. 00-30268.

239 F.3d 669 (2001)

Prostar, as Broadcast Licensee of the December 6, 1997, De La Hoya/Rivera Program, Plaintiff-Appellant, v. James Allen Massachi, Jr., and Toby Is Dead, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 17, 2001.

Attorney(s) appearing for the Case

Wayne David Lonstein, Lonstein Law Office, Ellenville, NY, Skip M. Klauber, Prime Entertainment, Inc., Boca Raton, FL, for Plaintiff-Appellant.

W. Patrick Klotz, Jr., Collins & Klotz, New Orleans, LA, for Defendant-Appellees.

Before KING, Chief Judge, and HIGGINBOTHAM and DUHÉ, Circuit Judges.

PER CURIAM:

This case presents us with the task of determining the appropriate statute of limitations for an action brought under 47 U.S.C. §§ 553 and 605. As these provisions contain no express limitations period, the district court adopted the one-year prescriptive period for delictual actions under Louisiana law.1 Appellant Prostar argues that the court should have applied the three-year limitations period articulated in the...

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