TATE, Judge.
On July 26, 1961, while at work for his employer, the plaintiff Andrus was injured by a truck belonging to another firm. As a result of this accident, the plaintiff filed two suits: the present suit in tort against third persons responsible for operation of the truck; and also, a claim for workmen's compensation benefits against his own employer's insurer, Andrus v. Great American Insurance Co., La.App. 3 Cir.,
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