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VARGAS v. DANIELL BATTERY MFG. CO., INC.

No. 93 CA 2282.

648 So.2d 1103 (1994)

Jose Eddy VARGAS, et ux v. DANIELL BATTERY MANUFACTURING COMPANY, INC., et al.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied February 2, 1995.

Attorney(s) appearing for the Case

Chandler Loupe, Baton Rouge, for plaintiffs-appellees Jose Eddy Vargas, et al.

Frank Fertitta, Amy Cazes, Justin P. Ransome, Sam J. D'Amico, Baton Rouge, for defendants-appellants Daniell Battery Mfg. Co., Inc.

Amos H. Davis, Baton Rouge, for defendant Audubon Indem. Co.

James E. Moore, Baton Rouge, for defendant WAUSAU Ins. Co.

Arthur H. Andrews, Baton Rouge, for defendant SAFECO Ins. Co. of America.

Dan Atkinson, Jr., Baton Rouge, for defendant Md. Cas. Co.

Keith Giardina, Baton Rouge, for defendant Schuylkill Metals Corp.

Before LOTTINGER, C.J., and CARTER and PITCHER, JJ.

PITCHER, Judge.

The defendants appeal from the trial court's granting of a motion for summary judgment in favor of Audubon Indemnity Company (Audubon). We reverse in part, affirm in part, and remand.

PROCEDURAL HISTORY

On October 4, 1988, plaintiffs, Jose Eddy Vargas (Jose) and Blanca Vargas (Blanca), husband and wife, filed a petition for damages against Daniell Battery Manufacturing Company (Daniell Battery) and XYZ Insurance Company. Jose alleged...

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