KILLEBREW v. ABBOTT LABORATORIES

No. 8433.

352 So.2d 332 (1977)

Carrell KILLEBREW v. ABBOTT LABORATORIES.

Court of Appeal of Louisiana, Fourth Circuit.

Dissenting Opinion November 11, 1977.

Rehearing Denied December 13, 1977.

Writ Granted January 30, 1978.


Attorney(s) appearing for the Case

Alvin R. Childress, III, New Orleans, for plaintiff-appellant.

Hammett, Leake, Hammett, Hulse & Nelson, Robert E. Leake, Jr., New Orleans, for defendant-appellee.

Before LEMMON, GULOTTA and SCHOTT, JJ.


GULOTTA, Judge.

In this appeal, plaintiff, a pharmaceutical salesman, contends the trial judge erred in awarding disability payments under the defendant employer's long term disability plan for a period not to exceed 24 months. According to plaintiff, he is entitled to receive monthly disability benefits until age 65. The plaintiff employee was 45 years of age when discharged. The plan provides that benefits will not be paid for any period of disability in excess...

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