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DORDEN v. C.H. HEIST CORP.

No. 83-3188.

743 F.2d 1135 (1984)

Benjamin F. DORDEN, Plaintiff-Appellant, v. C.H. HEIST CORP., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 5, 1984.

Attorney(s) appearing for the Case

Frederick J. Gisevius, Jr., New Orleans, La., for plaintiff-appellant.

Wood Brown, III, New Orleans, La., for Heist.

Daniel J. Caruso, New Orleans, La., for Penn Truck.

Charles W. Schmidt, III, Lance R. Rydberg, New Orleans, La., for Bison Ford.

Thomas M. Nosewicz, New Orleans, La., for T-W Truck & Travelers.

Before RUBIN, REAVLEY and TATE, Circuit Judges.

TATE, Circuit Judge:

This is a Louisiana diversity action. Pursuant to Fed.R.Civ.P. 54(b) certification, the plaintiff Dorden appeals from the dismissal by summary judgment of his tort suit against one of the defendants, a New York corporation ("Heist"). Dorden was seriously injured by the crash of a truck that he was driving for his employer, a Texas corporation that was a wholly-owned subsidiary of Heist.

The district court held that Heist was statutorily...

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