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THOMAS v. CITY OF ST. MARTINVILLE

No. 91-1275.

611 So.2d 678 (1992)

Mary Jane THOMAS, et al., Plaintiffs-Appellees, v. CITY OF ST. MARTINVILLE, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

December 14, 1992.

Attorney(s) appearing for the Case

Barry J. Sallinger, Lafayette, for plaintiffs-appellees.

James Diaz, Jr., Lafayette, for defendant-appellant.

Before STOKER, YELVERTON and COOKS, JJ.

STOKER, Judge.

In the trial court the plaintiffs recovered personal injury damages caused by smoke filling their home as a result of sewer testing operations conducted by the defendant, the City of St. Martinville, Louisiana (City). The defendant appealed. The City undertook to test the City's main sewer lines by injecting smoke into the system. On appeal, the City makes no issue of its failure to warn the plaintiffs of the testing operations. Rather, the City asserts...

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