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PETERSON v. BE & K INC. OF ALABAMA

No. 94 CA 0005.

652 So.2d 617 (1995)

Eddie Dale PETERSON, Kim Taylor Peterson, Individually and on Behalf of Their Minor Children, Steven Dewayne Peterson, Eddie Dale Peterson, Jr. and Jeremy Peterson v. BE & K INCORPORATED OF ALABAMA and Johnny Parker.

Court of Appeal of Louisiana, First Circuit.

Writ Denied May 12, 1995.

Attorney(s) appearing for the Case

William J. Perry, Gretna, for plaintiffsappellants, Eddie & Kim Peterson.

Thomas E. Loehn, New Orleans, for defendant-appellee, BE & K, Inc.

Robert J. Young, New Orleans, for defendant-appellee, CIGNA.

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

CARTER, Judge.

This is an appeal from a trial court judgment, sustaining the statutory employer defense and granting a motion for summary judgment, in a tort suit for damages.

BACKGROUND

The Babcock & Wilcox Company (B & W) is an Ohio-based company engaged in the manufacture of power and recovery boilers. Sunland Construction Company, Inc. (Sunland) is a general construction company wholly owned by B & W. BE & K, Incorporated...

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