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LOYDEN v. J. C. PENNEY CO.

No. 6175.

352 So.2d 755 (1977)

Milton LOYDEN, Sr. and Liza Loyden, Plaintiffs-Appellants, v. J. C. PENNEY COMPANY et al., Defendants-Appellees-Appellants.

Court of Appeal of Louisiana, Third Circuit.

Rehearings Denied December 14, 1977.

Writ Refused January 30, 1978.

Attorney(s) appearing for the Case

Louis Berry, Alexandria, for plaintiff-appellant-appellee.

Bolen, Halcomb & Erwin (Roy S. Halcomb, Jr.), Alexandria, for defendant-appellee-appellant.

Gist, Methvin & Trimble, by David A. Hughes, Alexandria, for defendant-appellee.

Gold, Little, Simon, Weems & Bruser (John F. Simon), Alexandria, Vincent Hazleton, Alexandria, Brian P. Joffrion and George H. Mills, Jr., Asst. U. S. Attys., Shreveport, for defendant-appellee.

Before DOMENGEAUX, WATSON and GUIDRY, JJ.

GUIDRY, Judge.

Plaintiffs, Milton Loyden, Sr. and Liza Loyden, bring this action seeking recovery for the wrongful death of their son, Milton Loyden, Jr. This suit arises out of an incident in which the decedent was shot and killed by Captain Ancel Irby, an off-duty police officer, who was also employed at the time as a security guard for defendant, J. C. Penney Company, Inc. (hereafter referred to as Penney). Also made defendants are Maryland Casualty Company (hereafter...

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