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CARRIERE v. SEARS, ROEBUCK AND CO.

No. 89-3089.

893 F.2d 98 (1990)

Thais CARRIERE, Widow of Samuel Carriere, IV, Individually and on Behalf of her Minor Child, et al., Plaintiffs-Appellants, v. SEARS, ROEBUCK AND COMPANY, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 2, 1990.

Attorney(s) appearing for the Case

M.H. Gertler, Gertler, Gertler & Vincent, New Orleans, La., for plaintiffs-appellants.

James A. Babst and Dona J. Dew, Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, La., for Sears, Roebuck & Co. and Allstate Ins. Co.

Robert E. Durgin and Terry J. Freiberger, Montgomery, Barnett, Brown, Read, Hammond & Mintz, New Orleans, La., for Connecticut Gen. Life Ins. Co., et al.

Before DAVIS and SMITH, Circuit Judges, and LITTLE, District Judge.

W. EUGENE DAVIS, Circuit Judge:

The survivors of Samuel Carriere appeal the removal and eventual dismissal of their wrongful death and survival actions against a number of defendants. We affirm.

I.

Samuel Carriere, a Sears, Roebuck and Company (Sears) security supervisor, was killed by unidentified assailants while he was investigating suspicious activity on the Sears loading dock. William McInnis, a part-time Sears security employee, was also on...

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