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KELLER v. EVANS COOPERAGE, INC.

No. 94-CA-006.

641 So.2d 552 (1994)

Ricky Leo KELLER and Barbara Keller v. EVANS COOPERAGE, INC.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied September 16, 1994.

Attorney(s) appearing for the Case

Danny J. Lirette, St. Martin, Lirette, Shea, Watkins & McNabb, APLC, Houma, for plaintiffs-appellants Ricky Leo Keller and Barbara Keller.

Kenneth R. Bowen, Alfred R. Gould, Jr., Simon, Peragine, Smith & Redfearn, L.L.P., New Orleans, for defendant-appellee Evans Cooperage, Inc.

James C. Murphy, Jr., Cornelius, Sartin & Murphy, New Orleans, for intervenor-appellant Fidelity & Cas. Co. of N.Y.

Before KLIEBERT, WICKER and GOTHARD, JJ.

KLIEBERT, Chief Judge.

This appeal concerns the constitutionality of LSA-R.S. 23:1032, which provides immunity from tort suits to statutory employers. Plaintiff, Ricky Keller (hereafter "Keller") and Fidelity & Casualty Company of New York (hereafter "Fidelity") insurer of Keller's employer, Building Management Personnel (hereafter "BMP") appeal from a summary judgment granted to Evans Cooperage, Inc. (hereafter "Evans"). The judgment found Evans to be Keller...

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