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PAUL FOSHEE DUSTING COMPANY v. BYRON

No. 982.

158 So.2d 345 (1963)

PAUL FOSHEE DUSTING COMPANY, Inc., Plaintiff-Appellee, v. Arthur Cecil BYRON, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied December 20, 1963.

Writ Refused January 20, 1964.

Attorney(s) appearing for the Case

Watson, Williams & Brittain, by Arthur C. Watson and Jack Brittain, Natchitoches, for defendant-appellant.

Gahagan & Gahagan, by Marvin F. Gahagan, Natchitoches, for plaintiff-appellee.

Before TATE, FRUGE and CULPEPER, JJ.

FRUGE, Judge.

This is an action brought by Paul Foshee Dusting Company, Inc., against the fire insurer of one of its airplanes, Arthur Cecil Byron, underwriter at Lloyd's, London.

On August 16, 1960, plaintiff's airplane was being operated by its employee, Jimmy Ray Haynes. This plane, along with two others belonging to the plaintiff, was being used in crop dusting operations near Hanna, Louisiana. As Haynes was turning the plane, the plane was caught in the...

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