KELLY v. BLOUNT BROTHERS CORPORATION

No. 5318.

326 So.2d 906 (1976)

Clarence M. KELLY, Plaintiff-Appellant, v. BLOUNT BROTHERS CORPORATION et al., Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

Dissenting Opinion February 24, 1976.

Writ Refused April 7, 1976.


Attorney(s) appearing for the Case

Francis E. Mire, Lake Charles, for plaintiff-appellant.

Scofield, Bergstedt & Gerard, by Richard E. Gerard, Jr., Raggio, Farrar, Cappel & Chozen, by Fred L. Cappel, Edward Barnett, of Camp, Carmouche, Palmer, Carwile & Barsh, Brame, Bergstedt & Brame, by Frank M. Brame, Lake Charles, Harry McCall, Jr., New Orleans, Plauche, Smith & Hebert, by James R. Nieset, Lake Charles, for defendants-appellees.

Before CULPEPPER, DOMENGEAUX, WATSON, GUIDRY and PAVY, JJ.


WATSON, Judge.

This is an appeal from a summary judgment involving as decisive the question of whether a genuine issue of material fact is presented. Plaintiff, Clarence M. Kelly, filed suit against numerous defendants asserting claims in tort resulting from his alleged inhalation of a poison gas on November 6, 1973. The only defendants involved in the present appeal are Olin Corporation and its liability insurer, Insurance Company of North America, in whose favor...

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