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CAUEFIELD v. FIDELITY AND CASUALTY COMPANY OF NEW YORK

No. 23412.

378 F.2d 876 (1967)

Sargent CAUEFIELD and Jim Lucas, Appellants, v. The FIDELITY AND CASUALTY COMPANY OF NEW YORK et al., Appellees.

United States Court of Appeals Fifth Circuit.

June 15, 1967.

Attorney(s) appearing for the Case

J. D. DeBlieux, Baton Rouge, La., for appellants.

Robert J. Vandaworker, Taylor, Porter, Brooks, Fuller & Phillips, Baton Rouge, La., for Southern Farm Bureau Cas. Ins. Co.

Maurice J. Wilson, of Breazeale, Sachse & Wilson, Baton Rouge, La., for defendant-appellee, Fidelity & Casualty Co. of New York.

Before HUTCHESON, GEWIN and THORNBERRY, Circuit Judges.

HUTCHESON, Circuit Judge:

These cases, consolidated for trial, were brought by Sargent Cauefield and Jim Lucas to recover damages for the alleged desecration of a Louisiana cemetery in which relatives of theirs are buried. The district court granted a motion by defendants to dismiss on the theory that the suit was foreclosed by the doctrine of judicial estoppel, as applied in Louisiana, due to a previous state court judgment which denied a similar claim made with...

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