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KELLY v. UNITED STATES FID. & GUAR. CO.

No. 11614.

353 So.2d 349 (1977)

Mrs. James E. KELLY, Jr., Individually and as Curatrix of James E. Kelly, Jr., and the minors, James E. Kelly, III and Tracy Kelly v. UNITED STATES FIDELITY & GUARANTY COMPANY, Vulcan Materials Company, Gary Milhorne, Al Boudreaux, Jim Sheets, James D. Avants, Norman Neal, M. J. Mott, J. Lockwood, Jean Crook, Ted J. Bagwell & K. Babin.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied December 28, 1977.

Writ Granted February 17, 1978.

Attorney(s) appearing for the Case

Peter T. Dazzio, Baton Rouge, of counsel for plaintiff-appellant Mrs. James E. Kelly, Jr., Ind., etc. et al.

Daniel R. Atkinson, Baton Rouge, and Calvin E. Hardin, Baton Rouge, of counsel for defendant-appellee U. S. Fidelity & Guaranty Company, et al.

Margaret T. Lane, Baton Rouge, for defendant-appellee James Avants.

Before LOTTINGER, EDWARDS and PONDER, JJ.

LOTTINGER, Judge.

This is an action ex delicto by plaintiff, Mrs. James E. Kelly, Jr., both individually and in her capacity as the curatrix of her interdicted husband, James E. Kelly, Jr., as well as administratrix of the estate of her minor children, James E. Kelly, III and Tracy Kelly. Named defendants are Vulcan Materials Company, James Cheeks (sued as Jim Sheets), Al Boudreaux, Gary Malehorne (sued as Gary Milhorne), Kay Babin (sued as K. Babin), George Valcos...

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