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FREEMAN v. CHEVRON OIL COMPANY

No. 74-2445.

517 F.2d 201 (1975)

Carlton H. FREEMAN, Plaintiff-Appellant, v. CHEVRON OIL COMPANY, Defendant-Third Party Plaintiff-Appellee, Herb's Welding, Inc., et al., Intervenor, The North West Insurance Company, Third-Party Defendants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 4, 1975.

Attorney(s) appearing for the Case

Joseph L. Waitz, Houma, La., for plaintiff-appellant.

William A. Porteous, III, New Orleans, La., for Chevron Oil Co., Herb's Welding and others.

Abraham Gerber, New Orleans, La., for intervenor.

H. Edward Weidlich, Jr., New Orleans, La., for Employers Surplus.

Before GIBSON, THORNBERRY and AINSWORTH, Circuit Judges.

AINSWORTH, Circuit Judge:

The question for decision is whether the district court erred in granting defendant's motion for judgment n. o. v. by its ruling that defendant was the "statutory employer" of plaintiff under LSA-R.S. 23:10611 and consequently that plaintiff's exclusive remedy in his suit for damages for personal injuries, was under the Louisiana Workmen's Compensation Statute, thereby...

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