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PICARD v. ZEIT EXPLORATION CO., INC.

No. CW 92 2242.

636 So.2d 922 (1994)

Roy and Tammy PICARD v. ZEIT EXPLORATION CO., INC.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied May 18, 1994.

Attorney(s) appearing for the Case

Ronald A. Johnson, Edward S. Johnson, Johnson, Johnson, Barrios & Yacoubian, New Orleans, for defendant-appellant Zeit Exploration Co., Inc.

Bob F. Wright, James H. Domengeaux, Domengeaux, Wright, Moroux & Roy, Lafayette, for plaintiff-appellee Roy and Tammy Picard.

Michael E. Parker, Allen, Gooch, Bourgeois, Breaux, Robison & Theunissen, Lafayette, for intervenors Security Life Ins. Co., et al.

Ann L. Schlaak, Boehm & Associates, Alameda, CA, for lien claimant-third party Adm'rs "Fund".

Janice M. Church, Bell, Cooper & Hyman, Baton Rouge, for amicus curiae.

Before CARTER, GONZALES and WHIPPLE, JJ.

WHIPPLE, Judge.

This case is before us on application for writ of review filed by Zeit Exploration Company, Inc., seeking review of the trial court's denial of Zeit's motion for summary judgment in which Zeit contended it was plaintiff's statutory employer.

The central issue presented in this case is whether the 1989 amendment to LSA-R.S. 23:1061, applicable at the time of plaintiff's alleged injury, overruled Berry v. Holston Well Service, Inc.,

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