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TRUPIANO v. SWIFT & CO.

No. 84-3333.

755 F.2d 442 (1985)

Marion Gulizo TRUPIANO, Widow of George P. Trupiano, Sr., et al., Plaintiffs-Appellants, v. SWIFT & CO., n/k/a Estech, Inc., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 18, 1985.

Attorney(s) appearing for the Case

Gertler & Gertler, M.H. Gertler, Cheryl A. Denney, New Orleans, La., for plaintiffs-appellants.

Turner, Young & Hebbler, Thomas M. Young, New Orleans, La., for defendant-appellee.

Before GEE, REAVLEY and RANDALL, Circuit Judges.

REAVLEY, Circuit Judge:

Marion Gulizo Trupiano, the widow of George P. Trupiano, Sr., and her six children appeal the dismissal under Fed.R.Civ.P. 12(b)(6) of this diversity action seeking damages from Trupiano's former employer, Swift and Company, arising from his death on January 5, 1983. Because we read the complaint to state valid grounds for a tort action under Louisiana law, an action not precluded by Louisiana Worker's Compensation law, we reverse the judgment...

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