B.E. WELCH v. CROWN ZELLERBACH CORP.

No. 11483.

351 So.2d 1255 (1977)

B. E. WELCH, Plaintiff-Appellant, v. CROWN ZELLERBACH CORPORATION, Defendant-Appellee.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied November 21, 1977.


Attorney(s) appearing for the Case

Charles B. W. Palmer, Amite, for B. E. Welch, plaintiff appellant.

Charles M. Hughes, Bogalusa, for Crown Zellerbach Corp., defendant appellee.

L. H. Coltharp, Jr., Deridder, for Robert Campbell, Inc. and Southern Cas. Ins. Co., third party defendants.

Before LANDRY, SARTAIN and ELLIS, JJ.


SARTAIN, Judge.

This is an appeal from a judgment maintaining exceptions of prescription, peremption, and res judicata and dismissing plaintiff's suit against defendant. This workmen's compensation action alleging an injury sustained by plaintiff on May 20, 1970, was filed on October 11, 1973.

It is undisputed that this suit is barred by either the one year or the two year peremptions found in R.S. 23:1209 unless there has been an interruption. Plaintiff contends...

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