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ANCELET v. RUSSELL STUTES CONST.

No. 96-524.

693 So.2d 231 (1997)

Donald ANCELET, Plaintiff—Appellee, v. RUSSELL STUTES CONSTRUCTION, Defendant—Appellant.

Court of Appeal of Louisiana, Third Circuit.

April 16, 1997.

Attorney(s) appearing for the Case

Robert Thomas Jacques, Jr., Lake Charles, for Donald Ancelet.

Russell Joseph Stutes, Jr., Baton Rouge, for Russell Stutes Const.

Before YELVERTON, KNOLL and SULLIVAN, JJ.

KNOLL, Justice.

At issue in this worker's compensation proceeding is the hearing officer's denial of a dilatory exception of unauthorized use of a summary proceeding, and her entry of a judgment which vacated a prior judgment of dismissal with prejudice in the same case.

On March 31, 1995, Donald Ancelet, an employee of Russell J. Stutes Construction Company (Stutes Construction), filed a worker's compensation claim against Stutes Construction for a neck injury...

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