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D'AVY v. BITUMINOUS CASUALTY COMPANY

No. 3675.

255 So.2d 645 (1971)

Whitney D'AVY, Jr., Plaintiff-Appellee, v. BITUMINOUS CASUALTY COMPANY, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

December 15, 1971.

Attorney(s) appearing for the Case

Plauche, Smith & Hebert by Allen L. Smith, Jr., Lake Charles, for defendant-appellant.

Francis E. Mire, Lake Charles, for plaintiff-appellee.

Before SAVOY, HOOD and MILLER, JJ.

HOOD, Judge.

Whitney D'Avy, Jr., instituted this suit to recover workmen's compensation benefits, with penalties and attorney's fees. The defendant is Bituminous Casualty Company, the compensation insurer of plaintiff's employer. Judgment was rendered by the trial court in favor of plaintiff, awarding him benefits based on total and permanent disability, plus penalties and attorney's fees. Defendant has appealed.

The issues are: (1) Did the trial judge abuse...

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