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BELLSOUTH TELECOMMUNICATIONS v. JOHNSON BROS. CORP.

No. 96-30062.

106 F.3d 119 (1997)

BELLSOUTH TELECOMMUNICATIONS, INC., Plaintiff-Appellee, v. JOHNSON BROTHERS CORPORATION OF LOUISIANA, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Order Denying Rehearing April 1, 1997.

Attorney(s) appearing for the Case

David F. Bienvenu, Hoffman, Sutterfield, Ensenat & Bankston, New Orleans, LA, for plaintiff-appellee.

Joseph B. Guilbeau, Charles W. Farr, Juge, Napolitano, Leyva & Guilbeau, Metairie, LA, for defendants-appellants.

Before DAVIS and DUHÉ, Circuit Judges, and DOWD, District Judge.

PER CURIAM:

Plaintiff-Appellee filed suit against Defendants-Appellants to recover for damage to two buried telephone cables which occurred during excavations conducted pursuant to a contract with the State of Louisiana Department of Transportation and Development. The district court granted summary judgment on the question of liability and subsequently did not permit submission of the question of comparative fault to the jury. Following a jury trial on the question...

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