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LABIT v. WELCH

No. 7049.

375 So.2d 139 (1979)

Gerald LABIT, Individually and as Administrator of the Estate of his minor son, Gregory Labit, Plaintiff-Appellant, v. David WELCH, Sr., Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied September 4, 1979.

Writ Denied October 26, 1979.

Attorney(s) appearing for the Case

Stockwell, Sievert, Viccellio, Clements & Shaddock, John S. Bradford, Lake Charles, for plaintiff-appellant.

Brame, Bergstedt & Brame, David B. McCain, Cecil R. Sanner, Plauche, Smith, Herbert & Nieset, A. Lane Plauche, Lake Charles, for defendant-appellee.

Before DOMENGEAUX, GUIDRY and CUTRER, JJ.

DOMENGEAUX, Judge.

This tort action is before us on appeal from a judgment of the District Court which sustained a motion for summary judgment filed by one of the defendants, North River Insurance Company (hereinafter, "North River"). The sole question before us is whether there existed a genuine issue of material fact as to defendant, David Welch, Sr.'s coverage under the policy of insurance issued by North River sufficient to preclude the use of summary judgment...

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