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MAY 16, 2000

SUPREME COURT OF LOUISIANA NO. 99-CA-2007

TAMMY LANGLOIS IN HER OWN RIGHT AND ON BEHALF OF THE MINOR, KRYSTAL MARTIN V. EAST BATON ROUGE PARISH SCHOOL BOARD AND NITA K. BRAUD

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF EAST BATON ROUGE PER CURIAM*
The East Baton Rouge Parish School Board invokes the appellate jurisdiction of this court to review a ruling of the district court declaring La. R.S. 13:5107(D), as it was in effect between May 9, 1996 and January 1, 1998, unconstitutional. For the reasons assigned, we vacate the judgment below and remand the case to the district court for further proceedings.

FACTS AND PROCEDURAL HISTORY On September 5, 1996, Krystal Martin, a minor, was injured while riding on a school bus owned by the East Baton Rouge Parish School Board ("school board") and driven by its employee, Nita Braud. On September 5, 1997, Tammy Langlois, Krystal's mother, filed suit against the school board and Ms. Braud. In her petition, plaintiff requested that service upon the defendants be withheld. On July 22, 1998, more than ten months after the filing of the petition, plaintiff requested that the

*

Victory, J., not on panel. Rule IV, Part II,

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