BORDEN, INC. v. HOWARD TRUCKING CO., INC.

Nos. 83-C-0203, 83-C-0238.

454 So.2d 1081 (1983)

BORDEN, INC. v. HOWARD TRUCKING COMPANY, INC. and Northwest Insurance Company.

Supreme Court of Louisiana.

On Rehearing June 28, 1984.

Dissenting Opinion June 29, 1984.

Rehearing Denied September 14, 1984.


Attorney(s) appearing for the Case

Lawrence A. Durant, Durant, Pierce & Malone, Baton Rouge, for applicant in No. 83-C-0203 and respondents in No. 83-C-0238.

Leon E. Roy, Jr., Hugh E. McNeely, Roy, Forrest & Lopresto, New Iberia, for respondents in No. 83-C-0203 and applicant in No. 83-C-0238.

Eugene R. Groves, Taylor, Porter, Brooks & Phillips, Baton Rouge, P. Albert Bienvenu, Jr., Bienvenu, Foster, Ryan & O'Bannon, New Orleans, for respondents in both cases.


Dissenting Opinion of Justice Blanche June 29, 1984.

DIXON, Chief Justice.

Borden, Inc. manufactures methanol at its plant in Geismar, Louisiana on a twenty-four hours a day, seven days a week basis. Rather than halting production every time a minor problem develops with the equipment used in this process, these problems are noted and corrected during a "turn-around." A "turn-around" is a scheduled period for routine repairs and maintenance. Borden scheduled...

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