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PARKER v. RITE AID CORP.

No. 2003-C-0208.

843 So.2d 1140 (2003)

Frank W. PARKER v. RITE AID CORPORATION

Court of Appeal of Louisiana, Fourth Circuit.

March 26, 2003.

Attorney(s) appearing for the Case

Lawrence G. Pugh, Alison S. Borison, Edward R. McGowan, Montgomery, Barnett, Brown, Read, Hammond & Mintz, L.L.P., New Orleans, Counsel for Defendant/Relator.

Preston G. Sutherland, New Orleans, Counsel for Plaintiff/Respondent.

Court Composed of Judge CHARLES R. JONES, Judge JAMES F. McKAY, III, and Judge MAX N. TOBIAS, Jr.

TOBIAS, Jr., J.

We grant the application for a supervisory writ of the defendant/relator, Rite Aid Corporation, to determine whether the trial court erred in denying the defendant/relator's motion to dismiss without prejudice the plaintiff/respondent's suit for failure to request service of the petition upon the defendant/relator within ninety (90) days. See La. C.C.P. arts. 1201(C) and 1672(C). For the following reasons, we affirm.

The petition as originally...

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