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UNITED STATES FIDELITY AND GUARANTY COMPANY v. STATE, DEPARTMENT OF HIGHWAYS

Nos. 57993, 58001, 58020, 58022 and 58021.

339 So.2d 780 (1976)

UNITED STATES FIDELITY AND GUARANTY COMPANY v. STATE of Louisiana, Through the DEPARTMENT OF HIGHWAYS, et al. RYDER TRUCK RENTAL, INC. v. STATE of Louisiana, DEPARTMENT OF HIGHWAYS. Walter L. MULL v. Robert L. DAVIS et al. STANDARD BRANDS, INC. v. DEPARTMENT OF HIGHWAYS, State of Louisiana, et al.

Supreme Court of Louisiana.

Rehearings Denied December 10, 1976.

Attorney(s) appearing for the Case

Philip K. Jones, Marshall W. Wroten, Robert J. Jones, Doran & Kivett, William J. Doran, Jr., Sp. Asst. to Gen. Counsel, La. Dept. of Highways, Baton Rouge, for defendant-respondent in 57993, 58001, 58020, 58022 and 58021.

Judith Atkinson Chevalier, Dale, Owen, Richardson, Taylor & Mathews, Baton Rouge, for U.S. F & G., plaintiff-applicant in 57993 and for defendants-respondents in 58021, 58020, 58001 and 58022.

David S. Bell, Durrett, Hardin, Hunter, Dameron & Fritchie, Baton Rouge, for intervenor-applicant in 58020 & plaintiff-applicant in 58021, for intervenor-respondent in 58022 and 57993 and for defendant-respondent in 58001.

John B. Noland, Breazeale, Sachse & Wilson, Baton Rouge, for Robert E. Wilson, respondent in 58020, 58021, 58022, 57993 and 58001.

Robert J. Vandaworker, Taylor, Porter, Brooks & Phillips, Baton Rouge, for plaintiff-applicant in 58001 and for defendant-respondent in 58020, 58021, 57993 and 58022.

Bernard Kramer, Law Offices of Bernard Kramer, Alexandria, for plaintiff-applicant in 58022 and for defendant-respondent in 58001, 58020, 58021 and 57993.

MARCUS, Justice.

This case involves four tort suits arising out of a single highway accident in which two trucks traveling in succession were struck by a highway headache bar spanning the roadway at a height lower than the posted maximum clearance. The owner-lessor and lessee of the trucks seek damages for cost of repair, loss of use and rental of substitute vehicles; the insurer of the cargo of one of the vehicles seeks compensation for amounts paid to the cargo...

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