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EMILE M. BABST CO., INC. v. NICHOLS CONST. CORP.

Nos. 84 CA 0897, 84 CA 0898.

488 So.2d 699 (1986)

EMILE M. BABST COMPANY, INC. v. NICHOLS CONSTRUCTION CORPORATION, United States Fidelity & Guaranty Company, B. Drew Achee, d/b/a Achee Specialty Rentals and Maryland Casualty Company. UNITED STATES FIDELITY & GUARANTY COMPANY and Nichols Construction Corporation v. EMILE M. BABST COMPANY, INC., Frank Donal Allen and Achee Specialty Rentals.

Court of Appeal of Louisiana, First Circuit.

January 16, 1986.

Attorney(s) appearing for the Case

Laurence D. Rudman, New Orleans, for Emile M. Babst Co., Inc.

Paul Marks, Jr., Baton Rouge, for United State Fidelity & Guar. Co. and Nichols Const. Corp.

John L. Dardenne, Jr., Baton Rouge, for Maryland Cas. Co.

David A. LeClere, Baton Rouge, for Nichols Const. Corp.

Before GROVER L. COVINGTON, C.J., and WATKINS and SHORTESS, JJ.

WATKINS, Judge.

These consolidated actions arise from an accident that occurred June 13, 1979, when a loading machine commonly called a cherrypicker fell from a dock that was under construction into the Mississippi River, damaging both the dock and the cherrypicker, and necessitating the removal the cherrypicker from the Mississippi River by crane. The cherrypicker was operated by Frank Donald Allen, an employee of Emile M. Babst Company, Inc. which was a subcontractor...

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