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LANDRY v. CITY OF NEW IBERIA

No. 2735.

223 So.2d 922 (1969)

Leonard J. LANDRY, Plaintiff-Appellant, v. CITY OF NEW IBERIA, Louisiana; New Iberia City Fire Department; and XYZ Insurance Company, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

June 12, 1969.

Attorney(s) appearing for the Case

Forrest, Kiefer & Day, Baton Rouge, by Ben F. Day, Baton Rouge, for defendant-appellant.

Davidson, Meaux, Onebane & Donohoe, by James J. Davidson, III, Lafayette, for plaintiff-appellee.

Before FRUGE, SAVOY, and CULPEPPER, JJ.

FRUGE, Judge.

Leonard J. Landry brought an action for workmen's compensation benefits against the City of New Iberia and its insurer, the Highlands Insurance Company. The claim arose from an alleged accident which occurred while plaintiff was a Captain of the New Iberia Municipal Fire Department, on or about October 29, 1966. An exception of no cause or right of action was filed by defendants, the exception alleging that under L.S.A.-R.S. 23:1034 plaintiff was an...

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