EUGENE v. MARATHON OIL CO.

No. 99-CA-61, 99-CA-62.

735 So.2d 933 (1999)

In re Donald EUGENE and Waylon Martin, et als. v. MARATHON OIL COMPANY, et als.

Court of Appeal of Louisiana, Fifth Circuit.

May 19, 1999.


Attorney(s) appearing for the Case

Fred R. Defrancesch, LaPlace, for Appellants Donald Eugene and Waylon Martin.

Donna M. Young, David L. Carrigee, Andrew C. Wilson, New Orleans, for Appellee Marathon Oil Company.

Panel composed of Judges H. CHARLES GAUDIN, JAMES L. CANNELLA and MARION F. EDWARDS.


CANNELLA, Judge.

Plaintiffs, Donald Eugene and Waylon Martin, appeal from the trial court judgment rendered in favor of defendant, Marathon Oil Company, granting defendant's motion to dismiss plaintiffs' class action petition. For the reasons which follow, we affirm.

On June 8, 1998, plaintiffs filed a Class Action Petition for Damages, alleging that they sustained injuries as a result of defendant's release of a cloud of sulfur dioxide on June 10, 1997. Defendant...

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