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SMITH v. STATE, DEPT. OF HIGHWAYS

No. 6949.

370 So.2d 1295 (1979)

Buford SMITH, Plaintiff-Appellee-Appellant, v. STATE of Louisiana, DEPARTMENT OF HIGHWAYS, and Houston General Insurance Company, Defendants-Appellants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied June 6, 1979.

Attorney(s) appearing for the Case

Gravel, Roy & Burnes, Christopher J. Roy, Alexandria, for plaintiff-appellee-appellant.

Gold, Little, Simon, Weems & Bruser, Edward E. Rundell, Alexandria, for defendants-appellants-appellees.

Before DOMENGEAUX, SWIFT and DOUCET, JJ.

SWIFT, Judge.

Both sides in this workmen's compensation suit have appealed from the judgment of the district court awarding benefits to the plaintiff for partial disability under LSA-R.S. 23:1221(3), as amended in 1975, with a 12% penalty and $3,000.00 for his attorney's fee.

The plaintiff, Buford Smith, was employed as a safety supervisor with the Department of Highways. As such, he was required to drive long distances all over the state at frequent intervals...

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