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FIDELITY AND CASUALTY COMPANY OF NEW YORK v. FUNEL

No. 23285.

383 F.2d 42 (1967)

FIDELITY AND CASUALTY COMPANY OF NEW YORK, Appellant, v. John FUNEL et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied November 28, 1967.

Attorney(s) appearing for the Case

Oliver P. Stockwell, Robert W. Clements, William E. Shaddock, Lake Charles, La., for appellant, Stockwell, St. Dizier, Sievert & Viccellio, Lake Charles, La., of counsel.

Frank M. Brame, Lake Charles, La., Joseph W. Nelkin, New Orleans, La., for appellees, Cavanaugh, Brame, Holt & Woodley, Lake Charles, La., of counsel.

Before JONES, WISDOM and GOLDBERG, Circuit Judges.

WISDOM, Circuit Judge:

The diversity case, arising under the Louisiana Direct Action Statute,1 concerns an industrial accident which occurred in Cameron, Louisiana, in 1961. The jury returned a verdict in favor of the plaintiff, John Funel, in the amount of $75,900.2 The insurance company appeals, urging among other grounds that the trial court should have upheld its plea of prescription and that the court...

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