BREAUX v. MINE SAFETY APPLIANCES CO.

No. 98-CA-133.

717 So.2d 1255 (1998)

Claiborne BREAUX v. MINE SAFETY APPLIANCES COMPANY.

Court of Appeal of Louisiana, Fifth Circuit.

August 25, 1998.


Attorney(s) appearing for the Case

Rodney P. Vincent, Louis L. Plotkin, Gertler, Gertler, Vincent & Plotkin, New Orleans, for Appellant Claiborne Breaux.

Donald A. Hoffman, Lawrence J. Centola, New Orleans, for Appellee Mine Safety Appliances Company.

Before GAUDIN, WICKER and CANNELLA, JJ.


CANNELLA, Judge.

Plaintiff, Claiborne Breaux, appeals from a judgment granting the peremptory exception of res judicata in favor of defendant, Mine Safety Appliances Company. We reverse.

Plaintiff worked at the Johns-Manville Corporation plant in Marrero, Louisiana from 1947 to 1970. While there, he was exposed to asbestos on a regular basis and wore a dust mask manufactured by defendant. In 1982, plaintiff filed suit against defendant and others in federal...

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