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DAVIS v. AETNA CAS. & SUR. CO.

No. 12760.

329 So.2d 868 (1975)

James B. DAVIS, Plaintiff-Appellant, v. AETNA CASUALTY & SURETY COMPANY et al., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

On Rehearing March 15, 1976.

Rehearing Denied April 19, 1976.

Writs Refused April 30, June 11, 1976.

Attorney(s) appearing for the Case

Glen H. Smith, James L. Fortson by James L. Fortson, Shreveport, for plaintiff-appellant.

Lunn, Irion, Switzer, Johnson & Salley by Richard H. Switzer, Shreveport, for defendants-appellees.

Before HALL, MARVIN and HEARD, JJ.

En Banc. Rehearing Denied April 19, 1976.

HEARD, Judge.

This case, before us for the second time, presents only the issue of correctness of the district judge's order denying plaintiff penalties and attorney's fees against the insurer. The issues of liability, the amount of damage, and the proper parties have already been determined in favor of plaintiff. The facts and circumstances of the suit were stated in our previous decree rendered April 23, 1974, in...

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