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STEWART v. SCHMIEDER

Nos. 12759-12763.

376 So.2d 1046 (1979)

Laura Jean STEWART, as Natural Tutrix of Clerice Yvett Wilson v. Don SCHMIEDER, d/b/a Schmieder Enterprises, et al. Dorothy Franklin JEFFERSON v. Don SCHMIEDER, d/b/a Schmieder Enterprises, et al. Roland DESHOTEL v. 12055 AIRLINE CORPORATION et al. Billie Jean McGOWAN, Individually and as Natural Tutrix of her Minor Child, Cheryl Sue McGowan v. Don SCHMIEDER, d/b/a Schmieder Enterprises, et al. Stanley L. STEVENS v. 12055 AIRLINE CORPORATION et al.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied November 29, 1979.

Attorney(s) appearing for the Case

Paul H. Due, Baton Rouge, for plaintiff-appellee, Laura Jean Stewart, etc.

Walter G. Monsour, Jr., Frank J. Gremillion, Baton Rouge, for defendant-appellant, City of Baton Rouge.

David W. Robinson, Baton Rouge, for defendants-appellees, Don H. Schmieder & 12055 Airline Corp. & John W. McLaughlin.

John A. Bivins, Lafayette, for defendants-appellees, The Rust Engineering Co. & American Mutual Liability Ins. Co.

Harris D. Copenhaver, Jr., Baton Rouge, for defendant-appellant, Roy C. Rackley, Jr.

William J. Doran, Jr., Baton Rouge, for defendant-appellee, Richard D. Schmieder.

Before ELLIS, CHIASSON and PONDER, JJ.

ELLIS, Judge:

These five consolidated cases arise out of the collapse of a building owned and being constructed by Don H. Schmieder. As a result thereof Jimmy Lee Wilson, Franklin Jefferson and William Holmes McGowan were killed, and Roland Deshotel and Stanly L. Stevens were injured.

Mr. Schmieder had agreed to construct an office building on his property, which was to be leased to Rust Engineering Company. He...

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