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MURPHY'S LEASE & WELDING SERVICE, INC. v. BAYOU CONCESSIONS SALVAGE, INC.

Nos. 00-978, 00-979.

780 So.2d 1284 (2001)

MURPHY'S LEASE & WELDING SERVICE, INC. v. BAYOU CONCESSIONS SALVAGE, INC. Murphy's Lease & Welding Service, Inc. v. Scottsdale Insurance Company.

Court of Appeal of Louisiana, Third Circuit.

March 8, 2001.

Attorney(s) appearing for the Case

John Fayne Wilkes III, Borne, Wilkes, etc., Lafayette, LA, Counsel for Defendant/Appellee Bayou Concessions Salvage, Inc., Kenneth Stewart.

Patrick J. Briney, Briney & Foret, Lafayette, LA, Counsel for Defendant/Appellee Industrial Pipe.

Roger Chadwick Edwards, Jr., Edwards & Edwards, Abbeville, LA, Counsel for Plaintiff/Appellant Murphy's Lease & Welding Serv., Inc., Gerald D. Libersat, May G. Libersat, Judy G. Libersat.

W. Eric Lundin III, Attorney at Law, Belle Chasse, LA, Counsel for Defendant/Appellee Bayou Concessions Salvage, Inc., Industrial Pipe.

James L. Pate, Laborde & Neuner, Lafayette, LA, Counsel for Defendant/Appellee Insurance Underwriters.

Karen Julian King, Borne, Wilkes & Brady, Lafayette, LA, Counsel for Defendant/Appellee Kenneth Stewart, Bayou Concessions Salvage, Inc.

Court composed of YELVERTON, WOODARD, and PICKETT, JJ.

WOODARD, Judge.

The only issue we must resolve on appeal is whether the trial court erred when it granted Mr. Kennett Stewart's and Bayou Concessions Salvage Inc.'s, (Bayou) motion for summary judgment, dismissing Mr. Stewart from this litigation. Specifically, the issue is whether the record on appeal presents a genuine issue of material fact. Finding that it does, we reverse.

* * * * *

On March 26, 1997, Murphy's Lease and Welding Service, Inc...

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