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FIDELITY & GAUR. v. SUCCESSION OF SMITH

No. CW 87 1613.

525 So.2d 348 (1988)

FIDELITY & GUARANTY INSURANCE COMPANY v. SUCCESSION OF James Q. SMITH a/k/a James Smith, Sr., et al.

Court of Appeal of Louisiana, First Circuit.

April 19, 1988.

Attorney(s) appearing for the Case

James B. Supple, Bauer, Darnall & Boudreaux, Franklin, for petitioner.

Leo J. Landry, Jr., Judycki & Landry, Morgan City, for Richard Williams, II, et al.

Charles R. Prevost, Michael Thomas, Thomas & Thomas, Franklin, for Mrs. Pauline Williams Thomas, tutrix of the minor James Q. Smith, Jr.

Clyde R. Simien, Simien & Miniex, Lafayette, for Taulton Mouton, an unemancipated minor with no legal representative and Dawn Mouton, an unemancipated minor child with no legal representative.

Lawrence A. Arcell, Barker, Boudreaux, Lamy & Foley, New Orleans, for Donald McPherson, et al.

John W. Perry, Jr., Mathews, Atkinson, Guglielmo, Marks & Day, Baton Rouge, for Trinity Co.

David A. Hurlburt, Hurlburt, Privat & Monrose, Lafayette, for Viking Gen. Ins. Co. and Johnye M. Hamilton. Jarvis J. Claiborne, Opelousas, for Loretta Smith.

Before SHORTESS, LANIER and CRAIN, JJ.

LANIER, Judge.

This action is a concursus proceeding filed by the liability insurer of an alleged tort-feasor. Impleaded as parties are all potential tort claimants and a potential solidary tort-feasor and her insurer. The potential solidary tort-feasor and her insurer filed a dilatory exception raising the objection of prematurity and a peremptory exception raising the objection of no cause of action. The trial court overruled both exceptions. The potential solidary...

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