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OSWALT v. IRBY CONST. CO.

No. 15028.

424 So.2d 348 (1982)

E.K. OSWALT, Jr., Plaintiff-Appellee, v. IRBY CONSTRUCTION COMPANY and Liberty Mutual Insurance Company, Defendants-Third Party Plaintiffs-Appellants.

Court of Appeal of Louisiana, Second Circuit.

November 29, 1982.

Attorney(s) appearing for the Case

Davenport, Files & Kelly by William G. Kelly, Jr., Monroe, for defendants-third party plaintiffs-appellants, Irby Const. Co. and Liberty Mut. Ins. Co.

Theus, Grisham, Davis & Leigh by Phil D. Myers, Monroe, for third party defendant-plaintiff-in-reconvention-appellant, Louisiana Power & Light Co., Inc.

Voelker, Ragland, Brackin & Crigler by Frank Voelker, Jr., Lake Providence, for plaintiff-appellee E.K. Oswalt, Jr.

Before HALL, JASPER E. JONES and NORRIS, JJ.

HALL, Judge.

Plaintiff, E.K. Oswalt, Jr., filed suit on June 21, 1973 against Irby Construction Company and its liability insurer, Liberty Mutual Insurance Company, for damages to plaintiff's rice crop growing in two separate fields which plaintiff was farming under a written unrecorded agricultural lease from the landowner. Plaintiff alleged that the damages resulted from Irby's construction of power lines across the rice fields pursuant to a construction contract...

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