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McWHINEY v. TRAVELERS INS. CO.

No. 13125.

343 So.2d 736 (1976)

Hoyle T. McWHINEY, Individually and as Administrator of the Estates of his minor children; and as Curator, et ux., Plaintiffs-Appellants, v. TRAVELERS INSURANCE COMPANY et al., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied March 21, 1977.

Writ Refused May 26, 1977.

Attorney(s) appearing for the Case

Edwards, Stefanski & Barousse by Nolan J. Edwards, Homer Ed Barousse, Jr., Crowley, for Hoyle T. McWhiney and Jennie Rambin McWhiney, plaintiffs-appellants.

Blanchard, Walker, O'Quin & Roberts by Joseph W. Milner, Wm. Timothy Allen, III, Shreveport, for Braswell Ind., Inc.; Travelers Ins. Co., Larry Dandridge, Morris J. Gulledge, John B. Howell, Byron Braswell, Jr., and Mary Leahy, defendants-appellees.

Booth, Lockard, Jack, Pleasant & LeSage by Henry A. Politz, Shreveport, for J. B. Stevens and Billy M. Rowell, defendantsappellees.

Before PRICE, MARVIN and JONES, JJ.

En Banc. Rehearing Denied March 21, 1977.*

JONES, Judge.

Plaintiffs appeal from a decision of the trial court which granted defendants' Motion for a Summary Judgment and dismissed plaintiffs' case with prejudice. We reverse and remand.

Patrick L. McWhiney was found dead in his parked automobile on August 13, 1975, on a rural road in Caddo Parish. He had been employed by Braswell Industries, Inc., from March, 1974 until...

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