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WHITTINGTON v. LEVY

No. 2085.

184 So.2d 577 (1966)

Aaron V. WHITTINGTON v. Mrs. Julia T. LEVY, United States Fire Insurance Company, New Amsterdam Casualty Company and Sam Albano. Joseph E. MUSMECI v. Mrs. Julia T. LEVY, United States Fire Insurance Company, New Amsterdam Casualty Company and Sam Albano.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied April 4, 1966.

Attorney(s) appearing for the Case

Clifton S. Carl, New Orleans, for Aaron V. Whittington and Joseph E. Musmeci, appellants.

Curtis R. Boisfontaine, New Orleans, for Mrs. Julia T. Levy and United States Fire Ins. Co., appellees.

Lemle & Kelleher, Carl J. Schumacher, Jr., New Orleans, for New Amsterdam Casualty Co., appellee.

Maurice E. Landrieu, New Orleans, for Sam Albano, appellee.

Before McBRIDE, HALL and JANVIER, JJ.

HALL, Judge.

Joseph E. Musmeci and Aaron V. Whittington filed separate suits for damages for gunshot wounds received by them in an altercation which began in "Albano's Lounge" located at 1411 St. Charles Avenue in New Orleans and ended in the "Bambino Lounge" located next door at 1417 St. Charles Avenue. Each of the plaintiffs sued Sam Albano, owner and operator of Albano's Lounge, who fired the shot; New Amsterdam Casualty Company, Albano's insurer under an Owner...

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