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HOMER v. MISSISSIPPI RIVER GRAIN ELEVATOR, INC.

No. 4747.

264 So.2d 246 (1972)

Ernest HOMER v. MISSISSIPPI RIVER GRAIN ELEVATOR, INC., and American Employers Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied July 18, 1972.

Attorney(s) appearing for the Case

Robert L. McLaughlin, Barcelona, Spain, Orlando G. Bendana, New Orleans, for plaintiff-appellant.

Drury, Lozes, Curry, James H. Drury, New Orleans, for defendants and thirdparty plaintiffs-appellees.

Adams & Reese, Edward J. Rice, Jr., New Orleans, for defendant-appellee.

Before LEMMON, GULOTTA and STOULIG, JJ.

LEMMON, Judge.

In this suit Ernest Homer seeks Workmen's Compensation benefits from his former employer, Mississippi River Grain Elevator, Inc., and its insurer, American Employers Insurance Company. The trial court dismissed Homer's suit, and he appealed.

The claim is brought under R.S. 23:1031.1, pertaining to occupational disease. In pertinent part that statute reads:

"A. Every employee who is disabled because of the contraction of an occupational...

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