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CUNNINGHAM v. HARDWARE MUTUAL CASUALTY COMPANY

No. 7895.

228 So.2d 700 (1969)

A. P. CUNNINGHAM, Individually, etc. v. HARDWARE MUTUAL CASUALTY COMPANY et al.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied December 22, 1969.

Attorney(s) appearing for the Case

John Parker and Julian Clark Martin, of Sanders, Miller, Downing & Kean, and Roger Fritchie, of Durrett, Hardin, Hunter, Dameron & Fritchie, Baton Rouge, for appellant.

Frank Coates, Jr., of Taylor, Porter, Brooks & Phillips, and Horace Lane and John White, Jr., of Kennon, White & Odom, Baton Rouge, for appellees.

Before LANDRY, SARTAIN and ELLIS, JJ.

LANDRY, Judge.

This matter is before us on motion of defendant, Hardware Mutual Casualty Company, to dismiss the appeal taken against movant by its co-defendants, Cenla Asphalt Corporation and its insurer, Employers' Liability Assurance Corporation.

The issue presented is whether one alleged co-tortfeasor may institute a third party demand by appeal against a fellow tort-feasor's insurer which has compromised with...

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