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ZIMMERMAN v. INTERN. CO. & CONSULTING

Nos. 95-30290, 95-30568.

107 F.3d 344 (1997)

Herman Joseph ZIMMERMAN, Jr., Plaintiff-Appellee, v. INTERNATIONAL COMPANIES & CONSULTING, INC., Defendant-Appellee, v. SPHERE DRAKE INSURANCE GROUP, PLC., Defendant-Appellant. Frank MORALES, Plaintiff-Appellee, v. INT'L COMPANIES, INC., Defendant-Appellee, v. SPHERE DRAKE INSURANCE GROUP, PLC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 13, 1997.

Attorney(s) appearing for the Case

Campbell E. Wallace, New Orleans, LA, for Herman Joseph Zimmerman, Jr., plaintiff-appellee.

Campbell E. Wallace, New Orleans, LA, Ralph E. Kraft, Preis & Kraft, Lafayette, LA, Frederick Douglas Gatz, Jr., Preis, Kraft & Roy, Lafayette, LA, for International Companies & Consulting, Inc.

John H. Clegg, Daniel L. Daboval, Douglas L. Grundmeyer, Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, LA, for Sphere Drake Ins. Group P.L.C.

Lawrence S. Kullman, Lewis & Kullman, New Orleans, LA, for Louisiana Trial Lawyers Association, amicus curiae.

Before JONES, REYNALDO G. GARZA and DENNIS, Circuit Judges.

DENNIS, Circuit Judge:

In these cases consolidated for argument on appeal, the question is whether a protection and indemnity insurer's contractual right to have coverage disputes with its insured submitted to arbitration also entitles the insurer to a court order staying an injured worker's suit against the insurer under Louisiana's direct action statute during arbitration. In the Matter of Talbott Big Foot, Inc., 887 F.2d 611

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