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MONTREUIL v. WINN-DIXIE STORES, INC.

No. 5651.

279 So.2d 701 (1973)

James John MONTREUIL v. WINN-DIXIE STORES, INC., et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied July 3, 1973.

Writ Refused September 7, 1973.

Attorney(s) appearing for the Case

Christovich & Kearney, Lawrence J. Ernst, New Orleans, for defendants-appellants.

Garrett, Carl & Roussel, William S. Vincent, Jr., New Orleans, for plaintiff-appellee.

Before SAMUEL, LEMMON and GULOTTA, JJ.

GULOTTA, Judge.

This is an appeal from a judgment in a workmen's compensation suit awarding plaintiff total permanent disability benefits and statutory penalties and attorney's fees as a result of an accident arising out of and in the course of his employment at a Winn-Dixie warehouse on November 27, 1970.

We are faced with two questions. The first is whether the plaintiff's disability (over which there is no dispute) was caused by an "accident". The second...

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