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GUNNELS v. FARMERS EXPORT CO.

No. 11609.

394 So.2d 766 (1981)

William D. GUNNELS, Jr. et al. v. FARMERS EXPORT COMPANY et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied March 16, 1981.

Attorney(s) appearing for the Case

Gary & Field, Russell L. Dornier, C. Randall Loewen, Baton Rouge, for plaintiff-appellant.

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Thomas M. Nosewicz, New Orleans, for defendants-appellees.

Lane & Clesi, Frank A. Fertitta, Baton Rouge, for intervenor-appellant.

Before REDMANN and SCHOTT, JJ., and HUGHES, J. Pro Tem.

REDMANN, Judge.

Although it might be argued that there is "no genuine issue as to material fact" for purposes of defendant's motion for summary judgment, La.C.C.P. 966, defendant is not "entitled to judgment as a matter of law" on a theory that plaintiff is defendant's statutory employee, La.R.S. 23:1061. To the contrary, the allegedly undisputed factual circumstances suggest a conclusion that plaintiff is not defendant...

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