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VIDRINE v. MICHIGAN MILLERS MUTUAL INSURANCE CO.

No. 51135.

268 So.2d 233 (1972)

263 La. 300

Theodule VIDRINE, Plaintiff, Ashy Construction Company, Intervenor-Appellant-Respondent, v. MICHIGAN MILLERS MUTUAL INSURANCE COMPANY, Defendant-Appellee-Relator.

Supreme Court of Louisiana.

On Rehearing October 4, 1972.

Rehearing Denied November 6, 1972.

Attorney(s) appearing for the Case

Champagne & Colomb, Patrick L. Colomb, Lafayette, for defendant-relator.

Guillory, Guillory & Guillory, Isom J. Guillory, Jr., Eunice, for plaintiff-respondent.

TATE, Justice.

The only issue before us concerns the right of an employer, who has paid workmen's compensation benefits to an injured employee, to be indemnified for such benefits by a third person whose negligence has caused or contributed to the employee's injuries. La.R.S. 23:1101-03. The precise issue is whether the employer, if he is negligent himself, is entitled to recover such benefits from a joint tortfeasor.

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