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CUBBAGE v. AVERETT

No. 80-3099 Summary Calendar.

626 F.2d 1307 (1980)

Daniel CUBBAGE, Plaintiff-Appellant, v. Gerald L. AVERETT and Southern Farm Bureau and Insurance Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit A

Rehearing Denied November 13, 1980.

Attorney(s) appearing for the Case

Thomas M. Willmott, Neil C. Hall, III, Metairie, La., for plaintiff-appellant.

Porteous, Toledano, Hainkel & Johnson, John J. Hainkel, Jr., New Orleans, La., for defendants-appellees.

Before BROWN, POLITZ and TATE, Circuit Judges.

PER CURIAM:

The plaintiff Cubbage was severely injured in a gas explosion that occurred in his living quarters on his employer's premises. He sued his employer and its insurer in tort. He appeals from the dismissal of his suit pursuant to the grant of summary judgment to the defendants. The defendants' motion was grounded on the alleged exclusivity of a state workmen's compensation remedy. We reverse the district court's summary judgment because of genuine dispute...

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