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RUTHERFORD v. DIXIE CONCRETE, INC.

No. 3488.

222 So.2d 508 (1969)

Louis B. RUTHERFORD v. DIXIE CONCRETE, INC. and Phoenix Assurance Company of New York.

Court of Appeal of Louisiana, Fourth Circuit.

May 5, 1969.

Attorney(s) appearing for the Case

McBride & Tonry, Richard A. Tonry, Arabi, for plaintiff-appellee.

Christovich & Kearney, Lawrence J. Ernst, New Orleans, for defendants-appellants.

Before CHASEZ, HALL and LeSUEUR, JJ.

LeSUEUR Judge.

Plaintiff brought suit for Workmen's Compensation benefits based on his being totally and permanently disabled. Defendant admits partial permanent disability but denies that plaintiff is totally and permanently disabled. The trial judge granted a judgment in favor of plaintiff and defendant appealed.

Plaintiff was employed by Dixie Concrete, Inc. on September 25, 1967 as what is known in the building material supply trade as a "batch man" when...

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