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SULLEN v. MISSOURI PACIFIC R. CO.

No. 83-3372.

750 F.2d 428 (1985)

Leroy SULLEN, Plaintiff, v. MISSOURI PACIFIC RAILROAD COMPANY, Defendant. Leroy SULLEN, Plaintiff-Appellant, v. CHEVRON CHEMICAL COMPANY, Defendant-Appellee-Appellant, v. BROADMOOR CORPORATION, et al., Third Party Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 14, 1985.

Attorney(s) appearing for the Case

Heisler & Wysocki, Bonnie L. Zakotnik, New Orleans, La., for Sullen.

McLoughlin, Barranger, Provosty & Melancon, Lloyd C. Melancon, New Orleans, La., for Chevron.

Bienvenu, Foster, Ryan & O'Bannon, H.L. Foster, III, New Orleans, La., for Broadmoor, et al.

Before GEE, POLITZ and RANDALL, Circuit Judges.

POLITZ, Circuit Judge:

This diversity case occasions an examination and application of the statutory-employer provision of the Louisiana Worker's Compensation Law, La.R.S. 23:1061, as well as application of the Louisiana law governing indemnity between certain contracting parties. Leroy Sullen appeals the grant of summary judgment dismissing his personal injury claim on a finding that Chevron Chemical Company was his statutory employer at the time of the injury-producing...

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