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COSSE v. SCHWEGMANN BROTHERS GIANT SUPERMARKETS

No. 7567.

336 So.2d 1074 (1976)

Leona Martin, wife of/and Cecil S. COSSE, Sr. v. SCHWEGMANN BROTHERS GIANT SUPERMARKETS and Fireman's Fund Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

July 29, 1976.

Attorney(s) appearing for the Case

Dillon & Williams, C. T. Williams, Jr. and Robert E. Birtel, New Orleans, for Schwegmann Bros. Giant Supermarkets, Inc., and Associated Indemnity Corp. of San Francisco, California.

Phelps, Dunbar, Marks, Claverie & Sims, Edmond Phelps, II, New Orleans, for Robert Rogers, Specialty Food Sales, Inc., and Aetna Ins. Co.

Before SAMUEL, LEMMON and BEER, JJ.

LEMMON, Judge.

The issue in this appeal from a summary judgment dismissing a third party demand is whether there was a genuine issue of material fact.

Plaintiff slipped and fell in a supermarket operated by Schwegmann Bros. Giant Super Markets, Inc. In the ensuing litigation Schwegmann Bros. and its insurer filed two third party demands. The one against the appellees (Specialty Food Sales, Inc., its employee, Robert Rogers, and its insurer) alleged that Rogers...

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