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EMPLOYERS' LIABILITY ASSURANCE CORP. v. BUTLER

No. 19599.

318 F.2d 67 (1963)

The EMPLOYERS' LIABILITY ASSURANCE CORP., Ltd., Appellant, v. Mrs. Alberta Wilkerson BUTLER, individually and as survivor of her minor child Brenda Louise Butler and Columbia Casualty Company, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 15, 1963.

Attorney(s) appearing for the Case

Robert E. Leake, Jr., New Orleans, La., for appellant.

John P. Dowling, New Orleans, La., for appellees.

Before HUTCHESON, WISDOM, and GEWIN, Circuit Judges.

WISDOM, Circuit Judge.

The plaintiff's decedent, Brenda Butler, a Negro girl not quite sixteen years old, was burned to death as a result of performing a "fire dance" as part of a talent show at the YWCA by the Larry & Frank Teen-Age Fan Club of New Orleans. "Larry" and "Frank" are two fictitious characters in a disc jockey show Alvin R. McKinley regularly conducted on Radio WYLD in New Orleans.

Mrs. Butler, under the Louisiana Direct Action Statute, sued...

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