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AUSTIN v. ABNEY MILLS, INC.

No. 34,495-CA.

785 So.2d 177 (2001)

Alfred AUSTIN, et al., Plaintiff-Appellant, v. ABNEY MILLS, INC., et al., Defendants-Appellees.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied May 3, 2001.

Attorney(s) appearing for the Case

John F. Dillon, New Orleans, Ness, Motley, Loadholt, Richardson & Poole by Donni E. Young, Scott Galante, Baton Rouge, Bruscato, Tramontana & Wolleson by J. Antonio Tramontana, Monroe, Scott C. Taylor, Paul Benton, Counsel for Appellant, Alton Hogue.

Bordelon, Hamlin & Theriot by William J. Hamlin, William C. Ellison, Joell M. Keller, New Orleans, Counsel for Appellees.

Juge, Napolitano, Guilbeau, Ruli & Frieman by Denis Paul Juge, Christa L. Dalton, Metairie, Counsel for Louisiana Association of Business and Industry.

Before WILLIAMS, CARAWAY and KOSTELKA, JJ.

KOSTELKA, J.

Alton Hogue ("Hogue") appeals the trial court summary judgment which determined that Hogue's sole remedy for asbestos-related work injuries was in workers' compensation. We amend the judgment, and, as amended, affirm.

FACTS

On December 30, 1997, Alton and Betty Hogue and numerous other plaintiffs filed a tort action for asbestos-related damage against various asbestos manufacturers and suppliers. On July 20, 1999, Hogue amended his petition...

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