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RUDOLPH v. MASSACHUSETTS BAY INS. CO.

No. 85-CA-0253.

472 So.2d 901 (1985)

Louis RUDOLPH, Jr., Jerry Rudolph, David Rudolph, Linda Rudolph, Sharon Rudolph, Floyd Rudolph, Larry Rudolph, Carl Rudolph and Pauline Rudolph Robinson, Individually and as Natural Tutrix of Billy Robinson and Rhonda Robinson v. MASSACHUSETTS BAY INSURANCE CO.

Supreme Court of Louisiana.

June 28, 1985.

Attorney(s) appearing for the Case

Pamela C. Walker, Kean, Miller, Hawthorne, D'Armond, McCowan & Jarman, Baton Rouge, for third party-appellant.

Edward J. Walters, Jr., James E. Moore, Moore & Walters, Baton Rouge, Gregory J. Laborde, Andrew H. Meyers, Preis, Kraft, Laborde & Daigle, Lafayette, F. Barry Marionneaux, Plaquemine, for appellees.

CALOGERO, Justice.

Louisiana Revised Statutes, Title 13, Section 5105 prohibits trial by jury in any lawsuit against the state, a state agency, or political subdivision.1 In this civil litigation arising out of an automobile accident, and in which the City of Plaquemine is involved as a third party defendant,2 the trial judge declared this statute unconstitutional for the reason that it violates the United...

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