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CITY OF ALEXANDRIA v. PERKINS

No. 4704.

302 So.2d 682 (1974)

CITY OF ALEXANDRIA, Louisiana, Plaintiff and Appellant, v. Theresa Michiels PERKINS, Defendant and Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied November 20, 1974.

Writ Refused December 20, 1974.

Attorney(s) appearing for the Case

Gist, Methvin & Trimble by H. B. Gist, Jr., Alexandria, for plaintiff-appellant.

Neblett, Fuhrer & Broussard by Daniel E. Broussard, Jr., Alexandria, for defendant-appellee.

Peters & Ward by Hugh T. Ward, Shreveport, for defendant-intervenor-appellee.

Sanders, Miller, Downing & Kean by John V. Parkes, Baton Rouge, for intervenor-appellee.

Before FRUGÉ, HOOD and DOMENGEAUX, JJ.

DOMENGEAUX, Judge.

This is a declaratory judgment suit filed by the City of Alexandria against Theresa M. Perkins, widow of Bobby Wayne Perkins, individually and as natural tutrix for her four minor children. Perkins was employed by the Alexandria, Louisiana, Fire Department for twelve and one-half years prior to his death by apparent heart attack on May 17, 1972, which occurred while in an off duty status. The City of Alexandria has been paying workmen's compensation...

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