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MONTGOMERY v. COMMERCIAL UNION ASSUR. CO.

No. 8772.

413 So.2d 969 (1982)

Oran MONTGOMERY, Plaintiff-Appellant, v. COMMERCIAL UNION ASSURANCE COMPANY, et al., Defendants-Appellees.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied June 1, 1982.

Attorney(s) appearing for the Case

Raleigh Newman, Lake Charles, for plaintiff-appellant.

Brame, Bergstedt & Brame, David A. Fraser, Lake Charles, for defendants-appellees.

Before DOMENGEAUX, FORET and LABORDE, JJ.

LABORDE, Judge.

Plaintiff, Oran Montgomery, sued his employer, Port City Construction Company, Inc., and its compensation carrier, Commercial Union Assurance Company, to recover workmen's compensation benefits and penalties and attorney's fees. The trial court, finding plaintiff to be totally and permanently disabled, granted him benefits. His claim for penalties and attorney's fees was denied. Plaintiff appeals that portion of the judgment denying him penalties and...

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