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LISENBY v. FIDELITY AND CASUALTY COMPANY OF NEW YORK

No. 20576.

327 F.2d 665 (1964)

Mrs. Doney S. LISENBY, Individually and as tutrix of her minor children, Graden Eugene Lisenby, Jo Ann Lisenby, and Brenda Ann Lisenby, Appellant, v. The FIDELITY AND CASUALTY COMPANY OF NEW YORK et al., Appellees.

United States Court of Appeals Fifth Circuit.

February 13, 1964.

Attorney(s) appearing for the Case

Warren L. Mengis, Baton Rouge, La., Nathan M. Calhoun, Vidalia, La., for appellant.

Robert T. Farr, Davenport, Farr & Kelly, Monroe, La., Attorneys for Fidelity & Cas. Co. of New York, appellee.

Thos. M. Hayes, Jr., Hayes, Harkey & Smith, Monroe, La., for E. H. Tibbits d/b/a Tibbits Drilling Co. and Employers Cas. Co., appellees.

Before HUTCHESON and GEWIN, Circuit Judges, and HOOPER, District Judge.

PER CURIAM.

This is an appeal from an order granting Tibbits Drilling Co., its liability insurer, Employers Casualty Company, and Fidelity & Casualty Company, insurer of Chartor Oil Co., summary judgment in a suit against them for wrongful death.

The decisive question at issue in determining the motion for summary judgment was whether a tort suit for damages in the Federal District Court in Louisiana was barred and prevented by the Louisiana Workmen's...

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