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MULLEN v. SEARS, ROEBUCK, AND CO.

No. 89-3180. Summary Calendar.

887 F.2d 615 (1989)

Regina MULLEN and George Mullen, Plaintiffs-Appellants, v. SEARS, ROEBUCK, AND COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 3, 1989.

Attorney(s) appearing for the Case

Paul J. Galuszka, New Orleans, La., for plaintiffs-appellants.

Bruce J. Brumfield, Jr., Jones, Walker, Etc., New Orleans, La., for defendants-appellees.

Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The Mullens failed to comply with Louisiana's prescriptive statutes by serving Sears within the limitations period, service required by Louisiana because the suit was filed in a court where venue was improper. We hold that removing to federal district court where venue was proper did not relieve the Mullens from the service requirement. We therefore affirm the district court's summary...

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