WARE v. BLUE GRASS LIQUOR COMPANY

No. 11379.

232 So.2d 893 (1970)

Sylvester WARE, Plaintiff-Appellee, v. BLUE GRASS LIQUOR COMPANY et al., Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied March 31, 1970.


Attorney(s) appearing for the Case

Lunn, Irion, Switzer, Johnson & Salley, by Richard H. Switzer, Shreveport, for appellants.

Miller & DeLaune, by Donald R. Miller, Shreveport, for appellee.

Before AYRES, BOLIN and DIXON, JJ.


BOLIN, Judge.

The lower court rendered judgment for plaintiff for total and permanent disability benefits under the Louisiana Workmen's Compensation Act but denied his claim for penalties and attorney's fees. Plaintiff's employer and the latter's compensation insurer appeal. Plaintiff answers the appeal reurging his claim for penalties and attorney's fees.

The primary issue is whether plaintiff is totally and permanently disabled within the meaning of the...

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