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HUGHES v. DECKARD

No. 17635.

267 F.2d 697 (1959)

Richard Henry HUGHES et al., Appellants, v. Edward DECKARD, d/b/a Deckard Drilling Company, et al., Appellees.

United States Court of Appeals Fifth Circuit.

June 16, 1959.

Attorney(s) appearing for the Case

W. D. Cotton, Rayville, La., for Great American Indemnity Co.

William B. Ragland, Jr., Lake Providence, La., for intervenor.

Richard H. Switzer, Wellborn Jack, Shreveport, La., Lunn, Irion, Switzer, Trichel & Johnson, Shreveport, La., of counsel, for appellees.

Before JONES and BROWN, Circuit Judges, and WRIGHT, District Judge.

JOHN R. BROWN, Circuit Judge.

The problem here is whether the plaintiff Hughes, a regular employee of Planters Butane Heat & Power Co., Inc., became the borrowed servant of the defendant Deckard so that the plaintiff's sole remedy for injuries negligently caused by Deckard's men is under the Louisiana Compensation Act, LSA-R.S. 23.1021 et seq. The District Court, granting Deckard's motion for summary judgment, held that this was so as a matter of law. We disagree...

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