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TILLMAN v. CUSTOM AGGREGATE

No. 96 CA 0155.

686 So.2d 118 (1996)

John TILLMAN, Sr. and Ernestine Vivian Tillman v. CUSTOM AGGREGATE; Vermillion Sand & Gravel; Southern Silica; Pierre Larroque; Kirk Resweber; L.J. Bergeron; Harry Darce; Rodney Schexnayder; Tunne Carline; and XYZ Insurance Company.

Court of Appeal of Louisiana, First Circuit.

December 20, 1996.

Attorney(s) appearing for the Case

Melvin A. Eiden, Lafayette, for Appellants Superior Fabricators, Inc., Pierre Larroque, et al.

Ralph S. Hubbard, III, New Orleans, for Travelers Insurance Co.

Paul Gorfinkel, Uniondale, NY, for Third Party Defendant Sentry Insurance Co.

John E. Coleman, Jr., Franklin, for Third Party Defendant Sentry Insurance Co.

Before LOTTINGER, C.J., and FOIL and FOGG, JJ.

FOIL, Judge.

This appeal challenges the trial court's action in dismissing a third party demand pursuant to a motion for summary judgment. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The facts in this litigation are not in dispute. John Tillman Sr. and his wife filed a tort action against Mr. Tillman's employer, Superior Fabricators, Inc. and Superior's executive officers (hereinafter collectively referred to as "Superior"). Mr. Tillman alleged...

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