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HOWARD v. VULCAN MATERIALS COMPANY

No. 74-1469 Summary Calendar.

494 F.2d 1183 (1974)

Charles W. HOWARD, Jr., Plaintiff-Appellant, v. VULCAN MATERIALS COMPANY, Defendant and Third Party Plaintiff-Appellee, v. AAA CONTRACTING COMPANY, INC., Third Party Plaintiff and Third Party Defendant-Appellant, v. The TRAVELERS INSURANCE COMPANY, Third Party Defendant and Intervenor-Appellant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 3, 1974.

Attorney(s) appearing for the Case

William A. Norfolk, Baton Rouge, La., for Travelers.

Thomas E. Cooper, Jr., Rayville, La., Jack C. Benjamin, New Orleans, La., for Howard.

Sam J. D'Amico, Baton Rouge, La., for AAA Contracting.

Emile C. Rolfs, III, Calvin E. Hardin, Jr., Baton Rouge, La., for Vulcan.

Before BELL, SIMPSON and MORGAN, Circuit Judges.

PER CURIAM:

Appellant Howard brought this tort action against Vulcan Materials to recover for personal injuries suffered while engaged in waste disposal activities at Vulcan's plant. At the time he was employed by AAA Contracting Co., which contracted to perform various tasks for Vulcan. The issue is whether Howard was a statutory employee of Vulcan for the purposes of the exclusive liability provisions of Louisiana's Workmen's Compensation Act, La.Rev.Stat. Ann....

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