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PALMER v. LOYOLA UNIVERSITY

No. CA 5154.

496 So.2d 421 (1986)

Ezzie PALMER v. LOYOLA UNIVERSITY, et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied November 19, 1986.

Attorney(s) appearing for the Case

Ethel A. Simms, Jefferson, Bryan & Gray, New Orleans, for appellants.

Monte J. Ducote, Rene S. Ducote, New Orleans, for appellee.

Before GARRISON, CIACCIO and LOBRANO, JJ.

CIACCIO, Judge.

In this matter we must decide whether plaintiff is the "statutory employee" of defendant. See La.R.S. 23:1061. Applying the three level analysis provided by Berry v. Holston Well Service, Inc., 488 So.2d 934 (La.1986), to the evidence in this record, we find that the record does not establish whether plaintiff is defendant's statutory employee. We, therefore, reverse the district court judgment granting defendant...

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