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BURSE v. BOH BROTHERS CONST. CO.

No. 8311.

349 So.2d 438 (1977)

R. C. BURSE v. BOH BROTHERS CONSTRUCTION COMPANY and Collins Thibodeaux.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied September 8, 1977.

Writ Refused November 4, 1977.

Attorney(s) appearing for the Case

Bridgeman & Conway, James R. Conway, III, Metairie, for plaintiff-appellant.

Bienvenu, Foster, Ryan & O'Bannon, Ernest L. O'Bannon and David E. Walle, New Orleans, for defendant-appellee Boh Brothers Const. Co.

Before SAMUEL, BOUTALL and SCHOTT, JJ.

SCHOTT, Judge.

Plaintiff has appealed from a dismissal of his tort suit against Boh Brothers Construction Company on a motion for summary judgment filed by that defendant.

Plaintiff, while hauling mud in his dumptruck on a construction project, was injured as a result of negligence of an employee of Boh, the general contractor. Plaintiff's suit was dismissed on the ground that Boh was his statutory employer under LSA-R.S. 23:1061 with the result that plaintiff...

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