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McKINLEY v. BALLARD

No. 94-CC-1766.

642 So.2d 180 (1994)

Joe Ann C. McKINLEY, Individually, and on Behalf of Her Minor Children, etc. v. Donna P. BALLARD, Terrebonne Parish School Board and United Community Insurance Company.

Supreme Court of Louisiana.

September 16, 1994.

Granted. The non-governmental defendant, United Community Insurance Company, is entitled to a trial by jury. Jones v. City of Kenner, 338 So.2d 606 (La.1976) and Champagne v. American Southern Insurance Co., 295 So.2d 437 (La.1974). The judgment of the district court granting plaintiffs' motion to strike the jury is reversed and set aside.

MARCUS, LEMMON and KIMBALL, JJ., dissent...

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