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VALDEZ v. EQUITABLE EQUIPMENT CO., INC.

No. 9889.

383 So.2d 1371 (1980)

Julio R. VALDEZ v. EQUITABLE EQUIPMENT COMPANY, INC. and Employers National Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

May 13, 1980.

Attorney(s) appearing for the Case

Murray, Murray, Ellis, Braden & Landry, Romualdo Gonzalez, New Orleans, for plaintiff-appellant.

Phelps, Dunbar, Marks, Claveire & Sims, Patrick E. O'Keefe and Esmond Phelps, II, New Orleans, for defendants-appellees.

Before LEMMON, BOUTALL and BARRY, JJ.

LEMMON, Judge.

The issue in this appeal by plaintiff from a judgment dismissing his suit for Louisiana workmen's compensation benefits is whether plaintiff made a binding election to accept benefits under the Longshoremen's and Harbor Workers' Compensation Act (33 U.S.C. § 901 et seq.) so as to preclude a suit for recovery under the Louisiana Workmen's Compensation Act (R.S. 23:1021 et seq.).

I

Defendants filed exceptions of no cause of action...

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