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KELLY v. CNA INS. CO.

No. 29455-CA.

706 So.2d 198 (1998)

Linda S. KELLY, Plaintiff-Appellant, v. CNA INSURANCE COMPANY, et al., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

January 23, 1998.

Attorney(s) appearing for the Case

Travis M. Holley, Bastrop, for Plaintiff-Appellant.

Jan P. Christiansen, Monroe, for Defendants-Appellees.

Before MARVIN, C.J., and NORRIS, HIGHTOWER, BROWN, WILLIAMS, STEWART, GASKINS, CARAWAY and PEATROSS, JJ.

NORRIS, Judge.

The plaintiff, Linda Kelly, appeals a judgment sustaining the defendants' exception of no cause of action and dismissing her suit. Because of conflicting authority from this court,1 the matter was referred to an en banc hearing. URCA Rule 1-5. For the reasons expressed, we now affirm but remand the case to the District Court to grant Ms. Kelly the opportunity to amend her petition to state a cause of action.

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