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BARNES v. CITY OF NEW ORLEANS

No. 7171.

322 So.2d 821 (1975)

Jeannette Powe, widow of John C. BARNES, Individually and on behalf of her minor children, Caroline Elizabeth Barnes and John Christopher Barnes v. CITY OF NEW ORLEANS.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied December 9, 1975.

Writ Refused January 30, 1976.

Attorney(s) appearing for the Case

Orlando G. Bendana, New Orleans, for plaintiffs-appellees.

Blake G. Arata, Thomas P. Anzelmo, Jackson P. McNeely, New Orleans, for defendant-appellant.

Before REDMANN, GULOTTA and SCHOTT, JJ.

REDMANN, Judge.

The City of New Orleans appeals from a judgment awarding workmen's compensation benefits for the death of a clerical employee who died in bed at home from a myocardial infarction. The employee's beneficiaries answer, seeking penalties and attorney's fee.

City employees are covered by the compensation law, La.R.S. 23:1034. Death or disability from heart attack or stroke is from "injury" from "accident" within the meaning of R.S. 23:1031,

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