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SMITH ON BEHALF OF SMITH v. CITY OF KENNER

No. 82-CA-128.

428 So.2d 1171 (1983)

Mary Ann Agee SMITH, Individually and As Natural Tutrix on Behalf of Her Minor Children, Leeanne Smith and Michael Smith v. CITY OF KENNER, Kenner Police Department, Hampton J. Lemoine, Larry Lemoine, Kathy Lemoine, Batiste J. Giardina, Diane Nagle Giardina, Alton Adams, ABC Insurance Company and DEF Insurance Co.

Court of Appeal of Louisiana, Fifth Circuit.

March 8, 1983.

Attorney(s) appearing for the Case

Leo Jerome Lahey, Conner, Martinez & Miles, Metairie, for Mary Ann Agee Smith, et al., plaintiff-appellant.

James D. Maxwell, Kenner, for City of Kenner, Kenner Police Dept. and Alton Adams, defendants-appellees.

Before BOUTALL, CHEHARDY and CURRAULT, JJ.

BOUTALL, Judge.

This case arises from a wrongful death action brought by the widow of a man who died from a gunshot wound received in a barroom fight. From a judgment maintaining an exception of no cause of action filed by three of the defendants, the plaintiff has taken this appeal.

The facts which brought about the lawsuit are as follows: In the early morning of June 8, 1980, Batiste F. Giardina, the owner of Andy Capp's Lounge in Kenner, called the Kenner...

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