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BOLDEN v. RODGERS

No. 99-CA-417.

746 So.2d 88 (1999)

Mildred BOLDEN, Individually and on Behalf of Her Deceased Son, Michael Bolden, Plaintiff, and Charlie Gardner, Intervenor, v. Michael RODGERS, Pershing Mero and Kansas City Southern Railroad.

Court of Appeal of Louisiana, Fifth Circuit.

September 28, 1999.

Attorney(s) appearing for the Case

Geri Broussard-Baloney, Garyville, LA, Attorney for Intervenor-Appellant, Charlie Gardner.

John J. Hainkel, III, Greg A. Pellegrini, New Orleans, La, Attorneys for Defendants-Appellees, Kansas City Southern Railway Company, Michael Rogers and Pershing Mero.

Richard L. Root, Betsy J. Barnes, New Orleans, LA, Attorneys for Plaintiff-Appellee, Mildred Bolden.

Panel composed of Judges H. CHARLES GAUDIN, CHARLES GRISBAUM JR. and SUSAN M. CHEHARDY.

CHEHARDY, Judge.

Charlie Gardner III (also known as Charlie Gardner Jr.) appeals the dismissal of his intervention in this survival and wrongful death action arising from the death of Michael Bolden. We reverse and remand.

Michael Bolden died in a railroad crossing accident on September 9, 1996. His mother, Mildred Bolden, filed a survival and wrongful death action against the railroad company and others. Charlie Gardner III filed a petition of intervention...

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