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DUMAS v. ANGUS CHEMICAL CO.

No. 31,398-CA.

728 So.2d 434 (1998)

Marzell Ike DUMAS, et al., Plaintiffs-Appellants, v. ANGUS CHEMICAL COMPANY, et al., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied January 14, 1999.

Attorney(s) appearing for the Case

Dennis Hennen, Monroe, Calvin C. Fayard, Jr., Harold W. Aswell, Farmerville, Chester A. Bradley, III, Charles H. Heck, Monroe, Russ M. Herman, New Orleans, Michael J. Mestayer, New Iberia, David W. Robinson, Baton Rouge, for Plaintiffs' Steering Committee.

Herman, Herman, Katz & Cotlar, LLP By Russ M. Herman, James C. Klick, Steve Herman, New Orleans, for Plaintiffs-Appellants.

Lugenbuhl, Burke, Wheaton By Claude F. Bosworth, New Orleans, for Appellee Aetna and the Standard Fire Insurance Company.

Cook, Yancey, King & Galloway By Samuel W. Caverlee, Shreveport, for Appellee Ford, Bacon & Davis.

Davenport, Files & Kelly By Thomas W. Davenport, Jr., M. Shane Craighead, Monroe, for Appellee Glitsch, Inc. and Foster Wheeler Construction.

Hudson, Potts & Bernstein By Ben R. Hanchey, Monroe, for Appellee Angus Chemical Company.

Bickel & Brewer By Michael J. Collins, Elizabeth Handschuch, Dallas, TX, for Appellee IMC Global, Inc.

Before MARVIN, C.J., GASKINS and PEATROSS, JJ.

GASKINS, J.

This case arises from the May 1, 1991 explosion at the Angus Nitroparaffin Plant in Sterlington, La. The plaintiffs in this class action suit are appealing the grant of a partial summary judgment in favor of one of the defendants, Glitsch, Inc., the company that designed the processing tanks holding the chemical that allegedly exploded. Glitsch contended that it should not be liable for exemplary damages under La. C.C. art. 2315.3 because it did not store...

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