PICONE v. LYONS

No. 94-CA-2428.

653 So.2d 1375 (1995)

Earl Joseph PICONE v. Bernard LYONS, Virgil Carson, Joseph Wending, et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied May 19, 1995.


Attorney(s) appearing for the Case

A. Wendel Stout, III, Marc J. Yellin and William C. Harrison, Jr., Deutsch, Kerrigan & Stiles, New Orleans, for defendants-appellees.

Michael J. Samanie, Herbert W. Barnes, Jr. and Kentley R. Fairchild, Samanie, Barnes & Allen, Houma, for plaintiff-appellant.

Before BYRNES, PLOTKIN and JONES, JJ.


BYRNES, Judge.

Plaintiff-appellant, Earl Joseph Picone, appeals a judgment dismissing his claim as abandoned pursuant to LSA-C.C.P. art. 561. We affirm.

Earl Joseph Picone was a journeyman sandblaster who on September 28, 1976, filed a claim for damages alleging the contraction of silicosis as a result of occupational exposure to silica dust from 1963 to 1974. During this 11 year period, Picone alleges that he was employed by as many as 16 different companies...

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