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STEWART v. SCHMIEDER

No. 66437.

386 So.2d 1351 (1980)

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.

Supreme Court of Louisiana.

Rehearing Denied September 12, 1980.

Attorney(s) appearing for the Case

Walter G. Monsour, Jr., Parish Atty., Frank J. Gremillion, Asst. Parish Atty., for City of Baton Rouge and Parish of East Baton Rouge, applicant.

John Dale Powers, David M. Vaughn, Sanders, Downing, Kean & Cazedessus, Baton Rouge, for Stanley L. Stevens, respondent.

Gordon M. White, Steve M. Marks, Baton Rouge, for Dorothy Franklin Jefferson, plaintiff-respondent.

William J. Doran, Jr., Doran & Kivett, Baton Rouge, for Richard Schmieder, defendant-respondent.

Thomas K. Kirkpatrick, Gary Keyser, Kirkpatrick, Keyser & Kirkpatrick, Baton Rouge, for Billie Jean McGowan and Cheryl Sue McGowan, respondents.

Harris D. Copenhaver, Jr., Airhart & Copenhaver, David W. Robinson, Watson, Blanche, Wilson & Posner, Charles William Roberts, Mengis, Roberts, Durant & Carpenter, Paul H. Due, Due, Dodson & deGravelles, Baton Rouge, John A. Bivins, Mouton, Roy, Carmouche, Hailey, Bivins & McNamara, Lafayette, Ben W. Lightfoot, Durrett, Hardin, Hunter, Dameron & Fritchie, Baton Rouge, for respondents.

DIXON, Chief Justice.*

These five consolidated suits were brought against the City of Baton Rouge and the Parish of East Baton Rouge following the collapse, during the final stages of construction, of a building owned and being constructed by Don H. Schmieder. Three workmen, Jimmy Lee Wilson, Franklin Jefferson and William H. McGowan, were killed by the collapse, and two others, Roland Deshotel and Stanley Stevens, were injured. The trial...

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