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JACK v. FIDELITY & CASUALTY CO. OF NEW YORK

No. 5265.

326 So.2d 584 (1976)

Herbert Ray JACK, Plaintiff-Appellee, v. FIDELITY & CASUALTY CO. OF NEW YORK, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied March 4, 1976.

Writ Refused April 23, 1976.

Attorney(s) appearing for the Case

Allen, Gooch & Bourgeois, by Arthur I. Robison, Lafayette, for defendant-appellant.

Preston N. Aucoin, Ville Platte, for plaintiff-appellee.

Before CULPEPPER, DOMENGEAUX and PAVY, JJ.

PAVY, Judge.

On November 30, 1973, while working as a roughneck for Hercules Drilling Co., plaintiff sustained a comminuted fracture of the distal phalanx of his left great toe. In a previous suit filed April 18, 1974, and tried May 20, 1974, the trial judge awarded total and permanent disability benefits, but on appeal, an exception of prematurity was upheld and the claim dismissed as of nonsuit. (306 So.2d 806).

The instant...

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