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AETNA INS. CO. v. EMMONS

No. 8519.

348 So.2d 1267 (1977)

AETNA INSURANCE COMPANY v. Enoch R. "Ray" EMMONS, Individually, and Ray Emmons Construction Company.

Court of Appeal of Louisiana, Fourth Circuit.

August 1, 1977.

Attorney(s) appearing for the Case

Schafer & Schafer, Timothy G. Schafer, New Orleans, for Aetna Ins. Co., plaintiffappellant.

Sanders & Perlis, Kenneth L. Sanders, Metairie, for Enoch R. "Ray" Emmons and Ray Emmons Const. Co., defendants-third party plaintiffs-appellants.

George J. Richaud, Metairie, for Liberty Mut. Ins. Co., third party defendant-appellee.

Before SAMUEL, GULOTTA and BOUTALL, JJ.

SAMUEL, Judge.

Plaintiff filed this suit as subrogee of Moody Day, Inc., its insured, against Enoch R. Ray Emmons and Ray Emmons Construction Company to recover for the loss of a portable air compressor leased by those defendants from plaintiff's insured and stolen while in defendants' possession. Plaintiff seeks $8,210, the amount it paid its insured under the policy, and bases the suit on defendants' alleged negligence which resulted in the theft of the air compressor...

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