LEBLEU v. SOUTHERN SILICA OF LOUISIANA

No. 88-664.

554 So.2d 852 (1989)

Mitchell L. LEBLEU, Sr., Plaintiff-Appellee, v. SOUTHERN SILICA OF LOUISIANA, et al., Defendants-Appellants.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied January 25, 1990.


Attorney(s) appearing for the Case

Baggett, McCall, Wm. B. Baggett, Jr., Lake Charles, for plaintiff-appellee.

Onebane, Donohoe, Bernard, Torian, Diaz, McNamara & Abell, Patrick J. Hanna, Lafayette, for Lone Star.

Duplass, Witman & Zwain, Metairie, for Pulmosan Safety Equipment Co.

Taylor, Porter, Brooks & Phillips, John I. Moore, John Parker, Baton Rouge, Jones, Tete, Nolen, Hanchey, Swift & Spears, Ken Spears, Robert Tete, Lake Charles, for Cities Service Co.

Preis, Kraft, Laborde & Daigle, Chris Philipp, Lafayette, for Southern Silica of Louisiana.

Stockwell, Sievert, Viccellio, Clements & Shaddock, Paul Veazey, Lake Charles, for PPG Industries.

Petre, Yoes, Kay & Halley, Henry Yoes, Lake Charles, for Clemtex.

Raggio, Cappel, Chozen & Berniard, Keith Prudhomme, Lake Charles, for Thorstenburg.

Tom Sanders and Rebecca Young, Lake Charles, for Liberty Mut.

Scofield, Bergstedt, Gerard, Mount & Veron, John R. Pohorelsky, Lake Charles, for Reliance.

Plauche, Smith & Nieset, Chris Ieyoule, Lake Charles, for Speciality Sand.

Wm. Collings, Lake Charles, for USF & G.

Before GUIDRY, LABORDE, YELVERTON, KNOLL and KING, JJ.


KNOLL, Judge.

This appeal involves a pretrial procedural dispute among the defendants concerning third-party demands against executive officers. The primary issue is whether we will allow third-party plaintiffs, Lone Star Industries, Inc. (Lone Star) and Pulmosan Safety Equipment Company (Pulmosan), the right of contribution, which is embedded in our civilian tradition under the doctrine of legal subrogation, or follow a...

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