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TUCKER v. STATE

No. 4295.

91 So.2d 56 (1956)

Bennie TUCKER v. STATE of Louisiana.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied January 2, 1957.

Writ of Certiorari Denied February 25, 1957.

Attorney(s) appearing for the Case

W. Crosby Pegues, Jr., Atty. for the Dept. of Highways, Philip K. Jones, Asst. Atty. for the Dept. of Highways, Baton Rouge, Dale, Richardson & Dale, Baton Rouge, for the State.

H. Alva Brumfield, E. Drew McKinnis, Baton Rouge, for plaintiff-appellant.

ELLIS, Judge.

In this suit the plaintiff, Bennie Tucker, seeks damages for injuries sustained by him when he was struck by a truck operated and owned by the Louisiana State Highway Department. A suit was first filed in Orleans Parish, which joined both the State of Louisiana and its insurer, the Marquette Casualty Co. This suit was dismissed voluntarily by the plaintiff and a second suit was filed in East Baton Rouge Parish against the insurer alone. An exception...

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