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DUCRE v. MINE SAFETY APPLIANCES

No. 91-3533.

963 F.2d 757 (1992)

JULIUS DUCRE, Plaintiff, v. MINE SAFETY APPLIANCES, et al., Defendants. JOSEPH BARTHOLOMEW, Plaintiff-Appellant, v. AVONDALE INDUSTRIES, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 10, 1992.

Attorney(s) appearing for the Case

Joseph M. Bruno, Bruno & Bruno, New Orleans, La., for plaintiff-appellant.

Paul Politz, Carrie A. Jourdan and Donald Alfred Hoffman, Hoffman, Sutterfield, Ensenat & Bankston, New Orleans, La., for Mine Safety Appliances Co.

Brian C. Bossier and Robert Caraway, Blue, Williams & Buckley, Metairie, La., for Avondale Industries, Inc.

Samuel M. Rosamond, III, Boggs, Loehn & Rodrigue, New Orleans, La., for Commercial Union Ins. Co.

Andrew L. Plauche, Jr., New Orleans, La., for American Motorists Ins. Co.

Before WILLIAMS, JOLLY, and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Joseph Sidney Bartholomew appeals a summary judgment dismissing his silicosis case as prescribed. We conclude that there is a genuine issue of material fact as to when Bartholomew had a reasonable basis for a claim. We reverse and remand for trial.

I.

On January 30, 1990, Joseph Sidney Bartholomew sued his employer, Avondale Industries, various manufacturers of silica and respirator equipment, and their insurers...

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