O.J. Vincent v. A.C. & S., Inc.

JERRE S. WILLIAMS, Circuit Judge:

Appellants A.C. & S., Inc, et al. claim appellee Vincent’s cause of action based upon having become a victim of asbestosis is barred by Louisiana’s one year prescription period. La.Civ. Code Ann. art. 3492 (West Supp.1987). The district court denied appellants’ motion for summary judgment, holding prescription had not occurred because of the provisions of Articles 34661 and 34632 of the Louisiana Civil Code. We affirm the district court.

Facts

Appellee Vincent was diagnosed as having contracted asbestosis in 1981, and within the year of limitations sued eleven…