ROBERT F. COLLINS, District Judge.
The instant matter for summary judgment is before the Court on motion of defendant, Tenneco Oil Company (Tenneco) on the basis that it is entitled to a dismissal of this action pursuant to LSA-R.S. 23:1061.
It is well settled law that the burden of the summary judgment rests on the party who urges it, and every reasonable inference must be resolved in favor of the party opposing the motion. Hodges v. Exxon,
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