MADDOX v. ÆTNA CASUALTY AND SURETY COMPANY

No. 17132.

259 F.2d 51 (1958)

Frank MADDOX et al., Appellants, v. ÆTNA CASUALTY AND SURETY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

September 9, 1958.


Attorney(s) appearing for the Case

Ado C. Skeels, Thomas A. Harrell, Morgan, Baker, Skeels, Middleton & Coleman, Shreveport, La., for appellants.

Harry A. Johnson, Jr., Shreveport, La., Lunn, Irion, Switzer, Trichel & Johnson, Shreveport, La., of counsel, for appellee.

Before HUTCHESON, Chief Judge, and TUTTLE and CAMERON, Circuit Judges.


CAMERON, Circuit Judge.

The question presented here is whether an action by his next of kin for damages arising from injury to and death of Nathan Maddox can be maintained as a tort action against one not his employer, or whether the exclusive remedy lay under the Louisiana Compensation Act. The trial court held that said Act provided the sole remedy, and granted appellee's motion to dismiss, treated as a motion for summary judgment. This appeal challenges the correctness...

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