GINGER BAILEY, ET AL. Vs. DR. GREGORY KHOURY, ET AL.

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GINGER BAILEY, ET AL. * NO. 2002-C-0227 VERSUS * COURT OF APPEAL DR. GREGORY KHOURY. ET AL. * FOURTH CIRCUIT * STATE OF LOUISIANA * * ******* ON APPLICATION FOR WRITS DIRECTED TO CIVIL DISTRICT COURT, ORLEANS PARISH NO. 99-4242, DIVISION “F” Honorable Yada Magee, Judge ****** JOAN BERNARD ARMSTRONG JUDGE ****** (Court composed of Chief Judge William H. Byrnes III, Judge Joan Bernard Armstrong, Judge James F. McKay,III) MCKAY, J., DISSENTS JACK E. TRUITT THE TRUITT LAW FIRM 251 HIGHWAY 21 MADISONVILLE LOUISIANA 70447 COUNSEL FOR DEFENDANT-APPLICANT (WALGREENS LOUISIANA CO., INC.) WRIT GRANTED. DISMISSED. Relator Walgreen Louisiana Co., Inc’s. response to the Rule To Show Cause shows that Walgreen was not at fault as to the lateness of its writ application and, in fact, was diligent. It is in the interest of justice to allow Walgreen’s writ application to proceed. The writ application is granted. For the reasons given in Bailey v. Khoury, et al, 2002-C-0049 (c/w 2002-C-0236), the plaintiff’s claims against Walgreen Louisiana Co., Inc’s. are barred by prescription. Accordingly, plaintiff’s claims are hereby dismissed. WRIT GRANTED. DISMISSED.

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