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DOMINGUE v. ABC CORP.

No. 98-657.

720 So.2d 806 (1998)

Claude Jason DOMINGUE and David Troy Domingue, Plaintiffs-Appellees, v. ABC CORPORATION, Coastal Oil and Gas Corporation, Delmar Operating, Inc., Forman Petroleum Corporation, Pointe-clear Oil & Gas, Inc., Swift Energy Company, Cummins & Walker, Inc., Total Minatome Corporation, Columbia Gas Development Corporation, Defendants-Appellants.

Court of Appeal of Louisiana, Third Circuit.

October 28, 1998.

Attorney(s) appearing for the Case

Thomas Allen Filo, Lake Charles, for Claude Jason Dominigue, et al.

Ralph Edward Kraft, George Davis Ernest, III, Charles A. Mouton, Lafayette, for Coastal Oil & Gas, et al.

Donald Coleman Brown, Lake Charles, for Total Minatome Corporation.

James Edward Diaz, Jr., Lafayette, for Swift Energy Company.

James Oliver Modisette Womack, Rebecca A. Fariss, New Orleans, for Triad Energy Corporation of Texas.

Joseph Baker Cordill, Shreveport, for Cummins & Walker, Inc.

Joseph E. LeBlanc, Jr., New Orleans, W. Aaron Taver, for Union Pacfic Oil & Gas Corp.

Mark Charles Dodart, Neil C. Abramson, New Orleans, for Forman Petroleum Corp.

Gary Mark Zwain, Andrew David Weinstock, Kelly C. Bogart, Metairie, for Samson Resources Company.

John Charles Anjier, Kathleen F. Hobson, New Orleans, for Graham McCormick Oil & Gas Partnership.

Daniel C. Hughes, Lafayette, for W.W. Buchanan, Inc.

Guy Earl Wall, James Loius Weiss, G. Karl Bernard, New Orleans, for Franks Petroleum, Inc., et al.

Albert H. Hanemann, Jr., New Orleans, for Borden Chemicals and Plastics Operating, etc.

Before DOUCET, C.J., and COOKS and SULLIVAN, JJ.

DOUCET, Chief Judge.

The Plaintiffs appeal the trial court's dismissal of their survival action pursuant to an exception of prescription.

Claude Domingue was employed as a gauger/pumper at certain oil field facilities. As such, he is alleged to have been exposed to benzene and benzene containing chemicals. In January 1994, he was diagnosed with non-Hodgkin's lymphoma by Dr. Eugene Briere. Jason Domingue, his son, was present at the diagnosis. Jason testified...

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