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PATTON v. SILVEY COMPANIES

No. 7571.

385 So.2d 537 (1980)

S. J. PATTON, Plaintiff-Appellee, v. SILVEY COMPANIES and Palmer-Jones Timber Company, Inc., Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied July 16, 1980.

Attorney(s) appearing for the Case

Brittain & Williams, Joe Payne Williams, Natchitoches, for defendant-appellant.

Lowther & Boone, Robert Lowther, Jr., Many, for plaintiff-appellee.

Before FORET, SWIFT and STOKER, JJ.

SWIFT, Judge.

In this workmen's compensation case Palmer-Jones Timber Company, Inc. (Palmer-Jones) and its insurer, Silvey Companies (Silvey), defendants, appeal a judgment of the trial court which impliedly overruled their exception of prematurity and awarded benefits to the plaintiff, S. J. Patton, Sr.

The facts, for the most part, are undisputed. On May 9, 1978, during the course and scope of his employment with Palmer-Jones, the plaintiff was operating...

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