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HOSHMAN v. ESSO STANDARD OIL COMPANY

No. 17298.

263 F.2d 499 (1959)

Mrs. Fay M. HOSHMAN, etc., et al., Appellants, v. ESSO STANDARD OIL COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 19, 1959.

Attorney(s) appearing for the Case

H. Alva Brumfield, Baton Rouge, La., for appellant.

A. M. Curtis, Wilson B. Holcombe, P. A. Casey, J. M. Carville, Baton Rouge, La., for appellee.

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

WISDOM, Circuit Judge.

Russell Hoshman was killed in an industrial accident. His widow, individually and as natural tutrix of her minor children, sued Esso Standard Oil for damages under the general tort article of the Louisiana Civil Code.1 Esso filed a motion to dismiss the complaint on the ground that the plaintiff's remedy is provided for exclusively in the Louisiana Workmen's Compensation Act.2 The district...

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