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RAY v. CITY OF NEW ORLEANS

No. 5639.

284 So.2d 83 (1973)

Charles F. RAY v. CITY OF NEW ORLEANS.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied November 2, 1973.

Writ Refused December 19, 1973.

Attorney(s) appearing for the Case

Levy, Smith & Pailet, Lawrence J. Smith, New Orleans, for plaintiff-appellant.

Blake G. Arata, City Atty., and Jackson P. McNeely, Frank J. Varela and R. H. Belknap, Asst. City Attys., New Orleans, for defendant-appellant.

Before SCHOTT, ST. AMANT and LeBRUN, JJ.

SCHOTT, Judge.

Defendant has appealed from a judgment in favor of plaintiff awarding full workmen's compensation benefits for total and permanent disability at the rate of $45.00 per week for 400 weeks from August 1, 1968. In answer to the appeal, plaintiff has asked for penalties and attorney's fees as well as damages for frivolous appeal.

Plaintiff was appointed a member of the New Orleans Fire Department on June 1,

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