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UMBEHAGEN v. EQUITABLE EQUIPMENT COMPANY

No. 6946.

329 So.2d 245 (1976)

Oscar UMBEHAGEN v. EQUITABLE EQUIPMENT COMPANY.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied April 13, 1976.

Writ Refused June 11, 1976.

Attorney(s) appearing for the Case

Steven R. Plotkin and Owen J. Bradley, Kronlage, Dittman & Caswell, Charles A. Kronlage, Jr., New Orleans, for plaintiffappellant.

Normann & Normann, Charles E. Leche, New Orleans, for defendant-appellee.

Montgomery, Barnett, Brown & Read, Wood Brown, III, New Orleans, for Employers Mut. Liability Ins. Co. of Wisconsin, amicus curiae.

United States Dept. of Labor, William J. Kilberg, Solicitory of Labor and Joshua T. Gillean, II, Washington, D.C., for Director, Office of Workers' Compensation Program, U.S. Dept. of Labor, amicus curiae.

Before SAMUEL, LEMMON and GULOTTA, JJ.

LEMMON, Judge.

This is an appeal from a summary judgment dismissing plaintiff's suit for workmen's compensation benefits. The sole issue is whether plaintiff, under the circumstances of this accident, can elect to pursue his compensation claim under the Louisiana Workmen's Compensation Act, R.S. 23:1021 et seq., or whether the Longshoremen's & Harbor Workers' Compensation Act, 33 U.S.C. § 901 et seq., as amended in 1972, provides his exclusive remedy.

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