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BUTLER v. BABER

No. 87-C-2121.

529 So.2d 374 (1988)

George J. BUTLER, George J. Butler, Inc. and Leo Bianchini v. Winston C. BABER d/b/a Progress Petroleum Company, Highlands Insurance Company, Robert P. Waldron, Inc. and Robert P. Waldron.

Supreme Court of Louisiana.

Rehearing Denied September 8, 1988.

Attorney(s) appearing for the Case

Alvin LeBlanc, Jr., DeMartini, LeBlanc, D'Aquila & Volk, Kenner, for applicant.

J. Walter Ward, Jr., Christovich & Kearney, Jesse Guillot, New Orleans, for respondent.

Michael Osborne, Christopher Gobert, Osborne & McComiskey, Oliver A. Houck, Tulane Law School, New Orleans, amicus curiae for the Organization of Louisiana Fishermen.

DIXON, Chief Justice.

This case involves a claim for damage to oysters and water bottoms as a result of the dredging of a canal for use in drilling an oil well. Plaintiffs,1 George Butler, George Butler, Inc. and Leo Bianchini, are holders of oyster leases in Wilkinson Bay. Defendant Winston Baber d/b/a Progress Petroleum Company, insured by Highlands Insurance Company, dredged a canal through Wilkinson Canal, part of Bayou Dupont, and...

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