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McKEAN v. W. HORACE WILLIAMS COMPANY

No. 17776.

280 F.2d 267 (1960)

John Sidney McKEAN, Appellant, v. W. HORACE WILLIAMS COMPANY, Inc., et al., Appellees.

United States Court of Appeals Fifth Circuit.

June 28, 1960.

Attorney(s) appearing for the Case

Frederick J. Gisevius, Jr., Robert F. Shearman, John G. Discon, George M. Leppert, New Orleans, La., for appellant.

Christopher Tompkins, New Orleans, La., Deutsch, Kerrigan & Stiles, New Orleans, La., of counsel, for appellees.

Before HUTCHESON, TUTTLE and BROWN, Circuit Judges.

PER CURIAM.

Appellant, plaintiff below, sued defendant, appellee, for the benefits provided by the Louisiana Workmen's Compensation Act, LSA-R.S. 23:1021 et seq., and, in addition, sought to recover statutory penalties and attorneys' fees under LSA-R.S. 22:658.

The district judge, in a careful opinion,1 found for the plaintiff on the claim for compensation but, on the authority of Sumrall v. J. C. Penney, La.App.,

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