SAMUEL, Judge.
This matter is before us on an application for supervisory writs filed in this court by Willard J. Lambert and Robert L. McNabb, to which application plaintiff-respondent has replied. The pertinent facts, which are undisputed, are as follows:
On August 11, 1971 plaintiff was injured in an accident which occurred in the course of his employment by Boh Brothers Construction Company, Inc. On August 11, 1972 he filed a suit in tort for damages against...
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