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DECULUS v. AUGENSTEIN CONST. CO., INC.

No. 82-361.

425 So.2d 315 (1982)

Elie DECULUS, Plaintiff-Appellee, v. AUGENSTEIN CONSTRUCTION CO., INC., Defendant-Appellant, Olin Corporation, Third Party Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied February 4, 1983.

Writ Denied March 25, 1983.

Attorney(s) appearing for the Case

Stockwell, Sievert, Viccellio, Clements & Shaddock, John S. Bradford, Lake Charles, for defendant-appellant.

Scofield, Bergstedt, Gerard, Hackett & Mount, Richard E. Gerard, Jr., Lake Charles, for third party defendant-appellee.

Rozas, Manuel, Fontenot & McGee, Daniel J. McGee, Mamou, for plaintiff-appellee.

Before DOMENGEAUX, FORET and LABORDE, JJ.

LABORDE, Judge.

Plaintiff, Elie Deculus, filed suit against his employer, Augenstein Construction Co., Inc. seeking worker's compensation benefits. Augenstein filed a third party demand against Olin Corporation pursuant to LSA-R.S. 23:1101 seeking to recover all sums Augenstein may become obligated to pay Deculus as a result of Louisiana Workmen's Compensation laws. Olin filed a peremptory exception of prescription which was sustained by the trial court thereby dismissing...

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