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PHILLIPS AS TUTRIX OF PHILLIPS v. ROY

No. 15308-CA.

431 So.2d 849 (1983)

Carolyn Sue PHILLIPS, Individually and in her Capacity as Natural Tutrix of the Minor Children, Travis Earl and Tarron PHILLIPS, Plaintiff-Appellant, v. William Glen ROY et al., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

May 3, 1983.

Attorney(s) appearing for the Case

Edward Larvadain, Jr., Alexandria, for plaintiff-appellant.

Bodenheimer, Jones, Klotz & Simmons by Harry D. Simmons, Shreveport, for defendants-appellees.

Before PRICE, FRED W. JONES, Jr., and NORRIS, JJ.

FRED W. JONES, Jr., Judge.

This wrongful death action was instituted by the widow and children of Earl Phillips who was allegedly fatally shot by William Glen Roy, a mental incompetent, with a weapon purchased from Gibson's, Inc. Named as defendants were Roy; Gibson's, Inc. ("Gibson's") and its insurer, Sentry Insurance Company ("Sentry"); and the State of Louisiana.

The petition alleged that Roy, a resident of Winnfield where the homicide occurred, had a...

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