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DeSALVO v. ORLEANS PARISH SCHOOL BD.

Nos. 97-CA-1339 to 97-CA-1341.

711 So.2d 371 (1998)

Gracio S. DeSALVO v. ORLEANS PARISH SCHOOL BOARD. Gary J. BREAUX v. ORLEANS PARISH SCHOOL BOARD. Thomas A. PATTERSON v. ORLEANS PARISH SCHOOL BOARD, et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied April 30, 1998.

Attorney(s) appearing for the Case

James F. Willeford, New Orleans, for Plaintiffs/Appellees.

Bruce L. Feingerts, Gary S. Brown, A. Elizabeth Tarver, Feingerts & Kelly, PLC, New Orleans, for Defendant/Appellant.

John W. Waters, Jr., Gregory J. Mc-Donald, Bienvenu, Foster, Ryan & O'Bannon, New Orleans, for amicus curiae, Bankers Life and Casualty Company.

Before KLEES, LANDRIEU and CIACCIO, JJ.

LANDRIEU, Judge.

The Orleans Parish School Board appeals a judgment for $841,579.83 (which includes $261,132.14 in attorney's fees) rendered against it by the trial judge in favor of plaintiffs Gracio DeSalvo, Gary Breaux, and Thomas Patterson, and their spouses, based solely on La.Rev.Stat. 22:657, the penalty provision in Louisiana's Insurance Code. Plaintiffs, or their spouses, were employed by the School Board and were all participants in the School Board's health...

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