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MITCHELL v. EMPLOYERS MUT. LIABILITY INS. CO.

No. 5732.

341 So.2d 35 (1976)

Shirley Jordan MITCHELL, Individually and as natural tutrix of her children, Plaintiff and Appellee, v. EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN et al., Defendants and Appellants.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied January 26, 1977.

Writ Refused March 18, 1977.

Attorney(s) appearing for the Case

Jack O. Brittain, Natchitoches, for defendants and appellants.

G. F. Thomas, Jr., Natchitoches, for plaintiff and appellee.

Gahagan & Gahagan by H. C. Gahagan, Jr., Natchitoches, for third-party defendant-appellee.

Before CULPEPPER, WATSON and GUIDRY, JJ.

CULPEPPER, Judge.

This is a suit for death benefits under the Workmen's Compensation Act. Plaintiffs are the widow and minor children of Sam Mitchell, who worked as supervisor of a chicken catching crew for the defendant, J&M Poultry, Inc. One night Mitchell was sitting in his pickup truck with a Mrs. Durr about one-fourth of a mile from the chicken house where his crew was working. Mrs. Durr's husband shot and killed Mitchell and fatally wounded her. The district...

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