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SAMPSELL v. B & I WELDING SERV. & CONS.

No. 93-CA-2456.

638 So.2d 477 (1994)

Larry SAMPSELL v. B & I WELDING SERVICES AND CONSULTANTS, INC., et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied July 19, 1994.

Attorney(s) appearing for the Case

George J. Nalley, Jr., David A. Parsiola, George J. Nalley, Jr., A Professional Law Corp., New Orleans, for Larry Dean Sampsell.

Russell M. Cornelius, Robert E. Thomas, Cornelius, Sartin & Murphy, New Orleans, for Fidelity & Cas. Co. of N.Y.

Before KLEES, WARD and PLOTKIN, JJ.

WARD, Judge.

Larry Sampsell appeals from a summary judgment dismissing his claims against his former employer, B & I Welding Services and Consultants, Inc., and its insurer, Fidelity Casualty Company of New York. Mr. Sampsell claims Fidelity wrongfully denied him maintenance and cure benefits which he claims were due to him as an injured seaman. He also claims Fidelity wrongfully delayed approval of surgery for his injured back.

The trial court held that...

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