FISHER-RABIN MED. CTR. v. BURDICK CORP.

No. 88-CA-11.

525 So.2d 1178 (1988)

FISHER-RABIN MEDICAL CENTER and Aetna Casualty & Surety Co. v. BURDICK CORPORATION, a DIVISION of KONE INSTRUMENTS, INC.

Court of Appeal of Louisiana, Fifth Circuit.

May 16, 1988.


Attorney(s) appearing for the Case

Allain F. Hardin, Wiedemann & Fransen, New Orleans, for plaintiffs/appellants, Fisher-Rabin Medical Center and Aetna Cas. & Sur. Co.

Rene A. Pastorek, Windhorst, Pastorek & Gaudry, Gretna, for defendant/appellee, Burdick Corp., A Div. of Kone Instruments, Inc.

Before BOWES, GAUDIN and GRISBAUM, JJ.


BOWES, Judge.

Plaintiffs, Fisher-Rabin Medical Center (hereinafter Fisher-Rabin) and its insurer, Aetna Casualty and Surety Company (hereinafter Aetna) appeal a declaratory judgment in favor of defendant, Burdick Corporation (hereinafter Burdick), allowing Burdick to depose, subpoena as a witness, and speak freely before trial to an expert utilized by Aetna, but not expected to be called by them as a witness in this trial.

The underlying facts are that, on...

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