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SMITH v. MINE SAFETY APPLIANCES

No. 93-CA-706.

631 So.2d 1251 (1994)

McGee SMITH v. MINE SAFETY APPLIANCES, et al.

Court of Appeal of Louisiana, Fifth Circuit.

Rehearing Denied March 17, 1994.

Attorney(s) appearing for the Case

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

William V. Dalferes, Jr., James M. Garner, Martha M. Young, McGlinchey, Stafford, Lang, New Orleans, for appellee-defendant Pacific Employers Ins. Co.

Craig R. Nelson, Sarah A. Lowman, Hulse, Nelson and Wanek, New Orleans, for appellees-defendants Clemco Industries Corp. and E.D. Bullard Co.

Gary Zwain, Metairie, for defendant-appellee Continental Ins. Co.

Lawrence G. Pugh, III, New Orleans, for defendant-appellee U.S. Fidelity.

Samuel M. Rosamond, III, New Orleans, for defendant-appellee Employers Liability Assur.

Before BOWES, GRISBAUM, and CANNELLA, JJ.

CANNELLA, Judge.

Plaintiff, Willella Turner Smith, appeals from a judgment dismissing her action to recover damages for her deceased husband, McGee Smith (Smith), resulting from his contracting silicosis. The case was dismissed against all defendants based on a peremptory exception of prescription.1 We reverse, holding that the action is not prescribed.

Smith was employed by various companies as a sandblaster from 1961 through...

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