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04/01/2005 "See News Release 024 for any concurrences and/or dissents."

SUPREME COURT OF LOUISIANA No. 2005-C-0166 DEBORAH DESCANT, et al. VERSUS EDUARDO HERRERA, M. D. ON WRIT OF CERTIORARI TO THE COURT OF APPEAL FOURTH CIRCUIT, PARISH OF ORLEANS CALOGERO, Chief Justice concurs in the writ denial: I would prefer to grant this application for the facts are undisputed and the trial court made a correct determination that plaintiffs are entitled to summary judgment in their nullity action, in my view. However, because the harm in denying this application is only delay, I simply concur in the court's action today. I believe that the district court judge who ruled that plaintiffs were entitled to summary judgment in their favor will likely render the same ultimate ruling nullifying the pro-defense jury verdict entered earlier in the case.



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