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LEBLANC v. GLASER CONSTRUCTION COMPANY

No. 19809.

311 F.2d 3 (1962)

Leroy J. LEBLANC, Appellant, v. GLASER CONSTRUCTION COMPANY, Inc. and Bay Contractors, Inc., Appellees.

United States Court of Appeals Fifth Circuit.

December 11, 1962.

Attorney(s) appearing for the Case

Nolan J. Edwards, Edwards & Edwards, Crowley, La., for plaintiff-appellant.

Edward Dubuisson, Dubuisson & Dubuisson, and William A. Brinkhaus, Opelousas, La., for defendants-appellees.

Before HUTCHESON, CAMERON and JONES, Circuit Judges.

JOSEPH C. HUTCHESON, Jr., Circuit Judge.

This appeal from a judgment in a suit for damages presents, as its principal complaint of error the instruction of the district court that plaintiff could not recover for loss of wages because he was not claiming any such loss, whereas the complaint specifically alleged as one of his items of damage "the loss of earnings, $130,000.00."

Apparently in so instructing the jury, the judge confused the action for damages...

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