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RITTER v. THORNTON

No. 6681.

309 So.2d 750 (1975)

Johnny RITTER v. Leonard THORNTON et al.

Court of Appeal of Louisiana, Fourth Circuit.

March 12, 1975.

Attorney(s) appearing for the Case

James C. Witcher, II, Edward P. Comeaux, New Orleans, for plaintiff-appellant.

Emile L. Turner, Jr., David M. Packard, Thomas M. Young, Malcolm B. Robinson, Jr., New Orleans, for defendants-appellees.

Before SAMUEL, REDMANN and MORIAL, JJ.

REDMANN, Judge.

Is a truck driver while driving on a holiday an "insured" under a liability insurance policy omnibus clause, when the truck's lessor is the named insured, the truck's lessee is the driver's employer, and the lessee has prohibited use of the truck on holidays? Answering yes, we reverse on plaintiff's appeal the trial court's dismissal on the merits of this damage claim against the insurer. (Plaintiff no longer pursues the other defendants.)

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