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MITCHELL v. EQUITABLE EQUIPMENT COMPANY

No. 57081.

330 So.2d 919 (1976)

Willie MITCHELL, Plaintiff-Appellee-Relator, v. The EQUITABLE EQUIPMENT COMPANY, Defendant-Appellant-Respondent, and Continental Assurance Company, Defendant-Appellee-Respondent.

Supreme Court of Louisiana.

Rehearing Denied May 14, 1976.

Attorney(s) appearing for the Case

J. Michael Cumberland, Badeaux, Discon, Cumberland & Barbier, New Orleans, for plaintiff-applicant.

Francis G. Weller, Deutsch, Kerrigan & Stiles, New Orleans, for defendant-respondent, Continental Assurance Co.

Robert E. Winn, Walter C. Thompson, Jr., Sessions, Fishman, Rosenson, Snellings & Baisfontaine, New Orleans, for defendant-respondent, Equitable Equipment Co.

TATE, Justice.

The plaintiff became totally disabled while working for Equitable Equipment Company. Equitable provided long-term disability income insurance protection for its employees. The plaintiff sues Equitable.1

The trial court awarded the plaintiff judgment against Equitable for disability benefits. The court of appeal reversed. 319 So.2d 552

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