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SEAMSTER v. KERR-McGEE REFINERY CORP.

No. 17807-CA, 17808-CA.

488 So.2d 1139 (1986)

Howard SEAMSTER, Jr. v. KERR-McGEE REFINERY CORPORATION, et al. Ruth L. THOMAS v. KERR-McGEE REFINERY CORPORATION, et al.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied June 5, 1986.

Attorney(s) appearing for the Case

Murray, Murray, Ellis, Braden & Landry by Stephen B. Murray, New Orleans, Sockrider, Bolin & Anglin by James E. Bolin, Shreveport, for plaintiffs-appellants, Howard Seamster, Jr. and Ruth L. Thomas.

Mayer, Smith & Roberts by Alex F. Smith, Jr., Shreveport, for defendant-appellee, Kerr-McGee Refining Corp.

Blanchard, Walker, O'Quin & Roberts by L. David Cromwell, R. Joseph Naus, Shreveport, for intervenor-appellant, St. Paul Fire and Marine Ins. Co.

Before MARVIN, SEXTON and NORRIS, JJ.

SEXTON, Judge.

In these cases which were consolidated below, plaintiffs Ruth Thomas and Howard Seamster, and intervenor St. Paul Fire and Marine, appeal from the granting of a summary judgment finding a statutory employer-employee relationship which precluded plaintiffs' tort action. We conclude that the evidence submitted by the proponents of the motion does not establish facts which are undisputed and legally sufficient as a matter of law to compel the granting...

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