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WESTMORELAND v. LOUISIANA DEPT. OF HEALTH & HOSP.

No. 99-651

735 So.2d 944 (1999)

Robert V. WESTMORELAND, et ux. v. LOUISIANA DEPARTMENT OF HEALTH AND HOSPITALS, et al.

Court of Appeal of Louisiana, Third Circuit.

June 1, 1999.

Attorney(s) appearing for the Case

Tracy L. Short, AGA, Lake Charles, for Applicant/Defendant.

Cabra & Leach, Edwin Cabra, Leesville, Joel Phillip Loeffelholz, New Orleans, The Gray Law Firm, Anna R. Gray, Lake Charles, for Respondents.

BEFORE: SAUNDERS, WOODARD, and SULLIVAN, Judges.

WRIT DENIED: There is no error in the trial court's ruling. Although we are aware of this court's opinion in Myers v. Ivey, 93-1166 (La.App. 3 Cir. 4/6/94); 635 So.2d 632, we choose not to follow Myers, supra. The plaintiff in this case is not attempting to circumvent the exclusive jurisdiction of the civil service commission as he has pursued his remedies with the commission. Although the allegedly tortious...

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